Terms of Use
1. THESMARTEST.ME
1.1 TheSmartest.me is owned and operated by a private company, located in Nicosia the capital of Cyprus. It is licensed and regulated by the International Law of gaming. Some credit card payment processing tasks are managed by its wholly owned subsidiary.
2. IMPORTANT NOTICE
2.1 By registering on www.thesmartest.me (the “Website”), you enter into a contract with the our website and agree to be bound by (i) these Terms and Conditions; (ii) our Privacy Policy; (iii) our Cookies Policy; and (iv) the rules applicable to our gaming products as further referenced in these Terms and Conditions (“Terms and Conditions” or “Agreement”), and the gaming specific rules, and are deemed to have accepted and understood all the terms.
2.2 Please go through this Agreement carefully to make sure you understand everything in it. If you're not sure about your rights and what you're supposed to do after agreeing to this, please talk to a lawyer in your area before you keep using TheSmartest.me or look at its content. If you don't agree with these terms, please don't use, visit, or access any part of TheSmartest.me (this includes things like sub-domains, source code, and website APIs, whether you can see them or not).
3. GENERAL
3.1 When you sign up on www.thesmartest.me, you ("You", "Your", or "Player") are making an agreement with TheSmartest.me.
3.2 You should read this Agreement completely before you start using any services or products from TheSmartest.me. Remember, this Agreement is a legal contract between you and TheSmartest.me.
3.3 These Terms and Conditions start to apply as soon as you finish signing up, which includes ticking the box to accept these Terms and Conditions and successfully creating an account. By using any part of TheSmartest.me after setting up your account, you agree to follow these Terms and Conditions.
3.4 We can change these Terms and Conditions anytime without telling you before we do it. If we make changes, we might let you know by email or by putting a notice in a visible spot on TheSmartest.me, along with the updated terms. However, it’s your job to check for any changes, updates, or modifications. If you keep using TheSmartest.me after these changes, it means you accept and agree to follow the new terms.
3.5 If there’s a disagreement between this set of Terms and Conditions and any game rules or other documents mentioned here, the terms in this set of Terms and Conditions will win.
3.6 These Terms and Conditions might be available in several languages to help players understand them better. However, only the English version has a legal effect in our relationship. If there’s any mismatch between the English version and translations, the English version is what counts.
4. THE SMARTEST.ME ACCOUNT
Registration
4.1 To play games on thesmartest.me, you must first personally register an account with us ("TheSmartest.me Account").
4.2 To register as a player and use the website, you must fill out a registration form to open a TheSmartest.me Account. This application must be made by you in person, and you will need to provide personal information such as your email, full name, date of birth, etc.
4.3 If the information required in 4.2 is not provided, is incomplete, inaccurate, or not up-to-date at any time, TheSmartest.me has the right to pause your account registration and consider any deposits you make while your account is suspended as invalid (and any winnings from such deposits as void). If your TheSmartest.me Account is suspended, you should contact customer support at support@thesmartest.me.
4.4 All applicants must be at least 18 years old or meet the legal age requirement in their jurisdiction, whichever is higher. TheSmartest.me may ask for proof of age and suspend your account until you provide satisfactory documentation. TheSmartest.me takes its responsibilities regarding underage and responsible people very seriously.
4.5 TheSmartest.me will not accept registrations from individuals:
- a) Under 18 years old or below the legal age of majority or gambling in their jurisdiction;
- b) Living in places where it is illegal or taking challenges for money is not allowed. TheSmartest.me cannot check the legality of the Service in every place, and it is your job to make sure your use of the Service is legal;
- c) Who provides false information or attempts to impersonate someone else.
4.6 TheSmartest.me reserves the right to reject any application for a TheSmartest.me Account at its own discretion.
Know Your Customer
4.7 You confirm that all the information you have given in your registration form is true, current, and accurate.
4.8 TheSmartest.me may ask you at any time for any documents it needs to check your identity and where you live. TheSmartest.me can limit your use of the service, or your ability to make payments or withdrawals until it confirms your identity, or for other reasons it sees fit. TheSmartest.me also has the right to share your information as needed to follow legal requirements or as allowed by its privacy policy. By using the service, you agree to potentially having your information shared.
Multiple Accounts
4.9 You are allowed only one TheSmartest.me Account. If you try to open more than one account under your name or another name, or if you try to use the website through someone else’s account, TheSmartest.me can close all your accounts immediately, keep any money in those accounts, and stop you from using the website again.
4.10 If TheSmartest.me thinks you’ve registered or used more than one account, or worked with others who have multiple accounts, it can treat these as multiple accounts from one user, and it can suspend or close them. TheSmartest.me will also keep the funds until you prove you did not try to create multiple accounts.
4.11 If you realize you have more than one TheSmartest.me Account, you must tell us right away. Not doing so can lead to your account being blocked and your funds kept.
User Responsibility
4.12 It's completely up to you to keep your login information safe. Make sure not to share your login details with anyone.
4.13 We are not accountable for any misuse of your TheSmartest account by others, if you have shared your login details with anyone, whether on purpose or by accident.
4.14 You must not sell, transfer, or get accounts from other users.
4.15 If you notice any mistakes in your account or in the calculations of your coins, you should tell us immediately. We have the right to invalidate any money that were affected by such mistakes.
4.16 You are in charge of everything that happens through your account.
Security Features
4.17 We suggest you turn on two-factor authentication to better protect your account.
4.18 We might offer additional security features occasionally, and we recommend that you make use of them.
Suspension and Closure by TheSmartest
4.19 TheSmartest has the right to shut down or suspend your account if:
- a) TheSmartest believes you have used or are using the website in a fraudulent way, colluding with others, or for illegal, unlawful, or improper purposes;
- b) TheSmartest thinks you are using or have used the website unfairly, have intentionally cheated or exploited TheSmartest or any of its customers, or if your account is being used for the benefit of someone else;
- c) TheSmartest is asked by law enforcement, any regulatory body or court, or cannot verify your identity, profession, or source of funds as required by regulations;
- d) You have violated these Terms and Conditions, any relevant regulations, or the fair use of our services, or if TheSmartest suspects that you are a compulsive addiction who has not self-excluded;
- e) TheSmartest believes that any of the situations listed from (a) to (d) may have occurred or are likely to occur.
4.20 If TheSmartest closes or suspends your account for any reasons stated in 4.19, you will be responsible for any resulting claims, losses, liabilities, damages, costs, and expenses suffered by TheSmartest, and you must indemnify and hold TheSmartest harmless as allowed by law.
4.21 In such cases, TheSmartest also has the right to cancel any money you placed after such incidents, or to hold back and keep any amounts that would otherwise have been paid to you, including winnings, as allowed by law.
4.22 We can suspend or end your account anytime, with or without notice, if we think your account has been compromised or is being used against our Terms of Service.
4.23 If TheSmartest closes your account, it will let you know how you can withdraw any remaining balance in your account.
Our Liability
4.24 We are not liable for any losses or damages you may incur due to unauthorized access to your account.
4.25 We are not liable for any losses or damages you may incur if you fail to keep your login information secure and confidential.
5. YOUR WARRANTIES
5.1 Before using the Service and continually thereafter, you affirm, guarantee, promise, and agree that:
- a) You are either over 18 or the age of majority as per your local laws, whichever is older;
- b) You have the full ability to make legally binding agreements with us and are not limited by any legal incapacity;
- c) You have not been identified or diagnosed as a compulsive or problem gambler;
- d) You are not currently self-excluded from any gambling platform or location. You will notify TheSmartest immediately if you enter into a self-exclusion agreement with any gambling provider.
Jurisdiction
- e) You are accessing TheSmartest.me from a location where it is legal to do so;
- f) You will not use our services from any location where online betting or playing casino and live games is illegal;
- g) You understand and agree that we have the right to detect and prevent the use of unauthorized methods, including but not limited to detecting fraudulent transactions, automated registrations and signups, gameplay and screen capture techniques. Measures to enforce this may include checking device properties, identifying geo-location and IP masking, and analyzing transactions and blockchain activities.
Funds & Tax
- h) You are entirely responsible for declaring and paying any taxes due under relevant laws for any winnings you receive from our website;
- i) You are entirely responsible for any taxes that may be due on cryptocurrency OR money you earn through using the Service;
- j) There is a risk of losing money when using the Service, and TheSmartest is not responsible for any such losses;
- k) You will not deposit funds derived from criminal or other unauthorized activities;
- l) You will not deposit funds using payment methods that are not in your name;
- m) All funds deposited must be used solely for Services provided on the Website;
- n) You will not attempt to withdraw funds to payment methods that are not in your name;
- o) You acknowledge that by using the Services on the Website, there is a risk of losing the money you deposit;
- p) You recognize and accept that the value of money can fluctuate greatly depending on market conditions;
- q) TheSmartest is not to be considered a financial institution.
Others
- r) You choose to use the Service at your own risk and decision;
- s) You will not use your TheSmartest account for criminal activities;
- t) All information you provide to us is accurate and complete, and you will promptly inform us of any changes to this information;
- u) You engage in the Games solely for personal entertainment and not as a professional;
- v) You participate in the Games on your own behalf, not for anyone else;
- w) You have only one account with us and will not create additional accounts;
- x) The telecommunications networks and Internet access required to use the Service are beyond TheSmartest's control, and we are not liable for any issues that may arise from them;
- y) You will not engage in any fraudulent, collusive, fixing, or illegal activities related to your or others’ use of the games and/or services on the Website, nor will you use any software or devices to assist in game play;
5.2 In case of a violation of any warranties, representations, or promises, TheSmartest has the right to close or suspend your account and void any related bets, as allowed by law.
6. THE SMARTEST WARRANTIES
6.1 TheSmartest guarantees that they will:
- a) handle funds belonging to the Player in a secure and proper manner; and
- b) manage personal information pertaining to the Player in compliance with applicable laws and its Privacy Policy.
6.2 The software is provided "as is" without any guarantees, conditions, promises, or representations, either expressed or implied, beyond what the law requires. TheSmartest excludes all implied terms, representations, conditions, and warranties (including those of merchantability, quality, and fitness for a particular purpose). TheSmartest does not guarantee that:
- i) the Website and Services will fulfill your needs;
- ii) the Website and Services will not violate any third party's intellectual property rights;
- iii) the Website and Services will operate without errors or interruptions;
- iv) any defects in the Website and Services will be fixed; or
- v) the Website or its servers are free of viruses.
6.3 TheSmartest can be contacted by email at support@thesmartest.me or via its official Discord. Should TheSmartest, at its sole discretion, find that your behavior through discord, email, or otherwise has been abusive or derogatory towards any employees of TheSmartest or its affiliates or third-party service providers, TheSmartest reserves the right to block or terminate your account.
7. DEPOSITS
7.1 You can only participate in a Game if your TheSmartest account has enough funds. To deposit funds, you must use the payment methods offered on the website. TheSmartest will not extend any credit for game participation.
7.2 You must deposit funds into your account using the payment options available at www.thesmartest.me.
7.3 You must ensure that the funds you deposit are not associated with any illegal activities or sources.
7.4 To deposit funds, you can buy coins or use any other payment methods listed on thesmartest.me. Remember, you can only deposit your own funds.
7.5 You should deposit money into your account solely for the purpose of playing on the website. TheSmartest has the right to suspend or close your account if it believes that you are depositing funds without the intention to play.
7.6 You acknowledge that you must only use payment methods that you own to fund your TheSmartest account.
7.7 You also understand, agree, and acknowledge that if TheSmartest finds out that you:
- a) Use third-party payment methods to fund your TheSmartest account; and/or
- b) Use funds associated with illegal activities to fund your TheSmartest account; such activities will be considered as a breach of the Terms of Service and construed as fraudulent. Consequently:
- i) TheSmartest may, at its discretion, suspend or close your account; and
- ii) TheSmartest may, at its discretion, cancel, reverse, or adjust any transactions and may seize funds deposited and any winnings derived from those funds.
7.8 TheSmartest can determine a minimum deposit amount at its discretion. This minimum amount can be changed at any time and will be displayed on the website. Note that additional fees may be charged by your payment provider depending on the method used.
7.9 The available payment methods, along with the minimum and maximum deposit limits, are listed in the wallet section on the website. Service fees may apply and are subject to change. Some payment methods may not be available in all countries.
7.10 Deposits are processed immediately, and the updated balance will appear in your TheSmartest account right away when using a payment service provider. TheSmartest is not responsible for any delays caused by its payment system or any third party. Please note:
- a) Some payment methods may incur additional fees, which will be clearly displayed at checkout.
- b) Your bank or payment provider may charge you additional fees for deposits or currency conversions based on their terms and conditions.
7.11 We reserve the right to implement additional verification procedures when you make deposits into your TheSmartest account.
7.12 It is not permitted to transfer funds from your TheSmartest account to another player's account.
7.13 TheSmartest can refuse any deposits at its discretion. Users with blocked or suspended accounts should not attempt to make deposits at www.thesmartest.me.
7.14 If a player attempts to make a deposit while their account is blocked or suspended, TheSmartest has the right to retain those funds.
8. WITHDRAWALS
Important Note: Withdrawals take from two to five days.
8.1 TheSmartest reserves the right to deny any withdrawal from a player's account until:
8.1.1 The Withdrawals minimum wage is 50 coins which is 50-USD
- a) the player’s identity is verified and TheSmartest confirms that the withdrawal is being made by the legitimate account holder;
- b) the funds are being transferred to an account legally owned by the player;
- c) all additional information requested by TheSmartest is provided; and
- d) the player has met the minimum betting requirement for each deposit.
8.2 TheSmartest retains the right to scrutinize your account and gaming activities. If TheSmartest reasonably suspects that your account or gaming activities have breached these terms of service or applicable laws or regulations, it may, at its discretion, hold off on further deposits, withdrawals, and/or gameplay while investigating. You acknowledge and agree that TheSmartest might not provide details about the nature of its investigation.
8.3 All withdrawals must be conducted through the same payment method used for deposits unless we decide otherwise or are unable to do so. If you use multiple payment methods for deposits, we reserve the right to divide your withdrawal among these methods and process each portion through the respective payment method, adhering to anti-money laundering policies and regulations.
8.4 If your account is mistakenly credited with winnings that aren’t yours, due to technical errors, human errors, or otherwise, those funds remain the property of TheSmartest and will be removed from your account. If you withdraw these funds before the mistake is identified, the incorrectly paid amount will be considered a debt you owe to TheSmartest. In such cases, you must immediately notify us by email.
9. PLAYER FUNDS PROTECTION & CHARGEBACKS
Note: CHARGEBACKS aren’t allowed under any circumstance.
9.1 Any funds you deposit into your TheSmartest account, along with any winnings, are kept in separate customer bank accounts. These funds are exclusively used for you to gaming and to cover any fees or charges incurred in using our services. This ensures that your funds are not used for any other purposes.
9.2 If there are any charge-backs, reversals, or denied payments, or any losses suffered by TheSmartest as a result of actions related to your account, we reserve the right to charge you for those amounts.
9.3 We may use any positive balance in your account at any time to offset any amounts you owe to TheSmartest.
10. PLAYING GAMES
10.1 You can join games offered on our website. TheSmartest doesn't have to let everyone play, and your entry only counts when we tell you it's accepted.
10.2 You can only enter games online, like on your computer or phone. We don’t take game entries by mail, email, fax, etc. Any entries like that won’t count, whether you win or lose.
10.3 It’s up to you to check that your game entries are correct. Once you've entered, you can't cancel it. You can only change your entry if our website lets you edit it. TheSmartest can cancel or change an entry if the game gets stopped or canceled, if there was a clear mistake, if you didn’t follow the rules, or if the law says we have to.
10.4 Your money goes into the games in the order you enter them, and you can’t use it for anything else. TheSmartest can cancel or take back any transactions if they happen after you’ve entered a game, right then or later on.
11. GAME ENTRY CONFIRMATION
11.1 Your game entries are only valid once you get a confirmation that they’ve been accepted. Any game entries made without enough funds in your account will not count.
11.2 A game entry you submit will only count once TheSmartest accepts it. Each accepted entry will have a unique transaction code. We're not responsible for any entries that don’t have this code. If you're unsure about whether your entry was accepted, you should check your account history or contact our Customer Support Team.
11.3 If there’s ever a disagreement about the details of a game entry, both you and TheSmartest will look to our transaction log database as the final word on the matter.
12. BONUS
Eligibility
12.1 TheSmartest may occasionally offer various incentives and promotions, like special competitions, giveaways, coupons, reloads, and rebates.
12.2 Once you’ve successfully registered for a TheSmartest account, you may be eligible for these incentives and bonuses. By accepting this agreement and registering on TheSmartest.me, you also agree to follow the rules associated with any promotions and bonuses we offer.
Bonus Terms & Conditions
12.3 All special offers, bonuses, or promotions are governed by specific terms listed on TheSmartest.me and any specific conditions for the promotion. By accepting any bonus or promotion, you agree to these terms. You need to use your deposited funds for game entries before using any bonus funds. We reserve the right to end any bonus or promotion at any time.
Activation & Expiry
12.4 By activating a bonus or promotion, you confirm your agreement to the applicable terms.
12.5 No incentive, bonus, or special offer will be valid after its expiry date unless TheSmartest decides otherwise for a specific customer or offer. Details about expiry will be stated in the specific terms for each offer. Furthermore, TheSmartest can change the rules about how bonuses are earned or expire at any time.
Bonus Abuse & Fraud
12.6 If TheSmartest suspects that a player is misusing a bonus or promotion, or might gain unfairly from a policy, we may refuse to provide any bonus, end their access to our services, or lock their account temporarily or permanently.
12.7 You can only have one account on TheSmartest.me. Creating multiple accounts to collect more bonuses is considered misuse.
TheSmartest Rights
12.8 TheSmartest has the right to remove bonuses from accounts that are not active or are flagged for bonus misuse.
12.9 TheSmartest reserves the right to cancel all bonuses that haven’t been claimed within the set claiming period or within 60 days, whichever comes first.
12.10 TheSmartest may cancel any bonus at its discretion.
13. AUTHORITY/TERMS OF SERVICE
13.1 You agree to follow the game rules listed on TheSmartest.me. TheSmartest has control over starting, maintaining, and closing the services provided. Any decisions made by TheSmartest's management regarding the use of the service or settling disputes are final and cannot be challenged or appealed.
14. PROHIBITED USES
PERSONAL USE
14.1 The service is designed only for your personal fun. You are allowed to play games just for your own enjoyment. You should not create more than one account to collaborate with others or to misuse our service.
AML & SANCTIONS COMPLIANCE
14.2 TheSmartest.me strongly prohibits the use of its service for any illegal acts, such as laundering money, financing terrorism, or breaking trade sanctions, following the rules of various places. Our service is not available to anyone on the sanction lists from the United States, the European Union, or other international authorities. By using the service, you promise that you do not fall under these bans.
JURISDICTIONS
14.3 People living in or from Afghanistan, Austria, Australia, Belarus, Belgium, Colombia, Côte d'Ivoire, Cuba, Curaçao, Czech Republic, Democratic Republic of the Congo, Denmark, France, Germany, Greece, Iran, Iraq, Israel, Italy, Liberia, Libya, Lithuania, Netherlands, North Korea, Ontario, Pakistan, Portugal, Serbia, Slovakia, South Sudan, Spain, Sudan, Syria, Sweden, Switzerland, United Kingdom, United States, Zimbabwe (the "Prohibited Jurisdictions") are not allowed to use the service. This rule also applies to citizens of other nations who are in a Prohibited Jurisdiction. Any efforts to get around these rules, such as hiding where you are or giving false information about your location or residence, breaks this agreement.
14.4 Using VPNs, proxies, or similar tools to change your actual location, or providing false information about where you live to get around geographical or jurisdictional restrictions, is a violation of Clause 5 of this Terms of Service.
15. YOUR EQUIPMENT
15.1 The performance of your computer, mobile device, and internet connection can affect how well TheSmartest.me works. We cannot promise that the site will always work perfectly or without interruptions. We are not responsible for any problems or failures that happen because of your own equipment, internet connection, or your internet or telecommunication provider—for example, if you can’t enter games or see specific information about the games.
15.2 If you use a mobile device to play games, please be aware that TheSmartest.me is not responsible for any damage to your device or loss of data that occurs from using our software, nor are we responsible for any charges you incur from using your mobile device to access our games.
15.3 The mobile version of TheSmartest.me might look different from the desktop version because of the smaller screen size. This could include differences in where information is displayed on the site and some game titles not being visible on all game screens.
16. FAIR USE
16.1 TheSmartest.me should be used only for fun by entering one-on-one games.
16.2 You must not use TheSmartest.me for anyone else’s benefit or for any illegal, harmful, offensive, or improper purposes. If we find any activity that we think is suspicious or breaks this rule, we may report it to the authorities.
16.3 If TheSmartest has good reason to believe that you’re involved in illegal, deceitful, or criminal activities through our website or services, we might take legal and contractual action against you. We will also hold onto any payments if we think they are linked to illegal acts or meant for someone else.
16.4 You must cover any costs, charges, or losses that we or our partners face due to your illegal or deceitful actions on TheSmartest.me. This includes direct and indirect losses, lost profits, and damage to our reputation.
16.5 Additionally, we reserve the right to refuse or not process game entries if doing so would break any laws or regulations.
17. SOFTWARE AND TECHNOLOGY ISSUES
17.1 To use TheSmartest.me and its services, you might need to download some software. Also, some third-party providers whose products are used on our website may require you to accept their terms and conditions. If you don’t agree with these third-party terms, you should not use their software. TheSmartest.me is not responsible for any issues related to third-party software.
17.2 You are allowed to use the software provided through TheSmartest.me solely for accessing and using the services offered on our website. You may not use the software for any other purposes, except as allowed by law.
17.3 We grant you a personal, non-exclusive, non-transferable right to use our website for the sole purpose of participating in the services provided, according to these terms and conditions. This right ends immediately if your registration is canceled for any reason, especially if you attempt to create a competing business using our website or services, or if you use automated tools to interact with or extract information from our site.
17.4 You are not allowed to:
- a) Install or upload the software from TheSmartest.me onto any server or network device, or make it available on any public system like online services or networks accessible by the public.
- b) Sub-license, rent, lend, transfer, or copy your right to use TheSmartest.me or its software, nor make or distribute copies of the software.
- c) Access, or try to access, TheSmartest.me's secure systems, or disrupt or interfere with the website or its services in any way, including using robots or similar devices, or alter any software or its components.
- d) Copy or translate any instructions or user documentation provided online or in an electronic format.
- e) Moreover, unless the law allows, you cannot: (i) translate, reverse engineer, decompile, disassemble, modify, or create derivative works from TheSmartest.me; or (ii) attempt to discover the source code of the software or create derivative works from any part of the website.
17.5 The software that is part of TheSmartest.me belongs to us or a third-party software provider and is protected by copyright laws globally. Your use of the software does not transfer any ownership of intellectual property rights in the software to you.
17.6 The software is provided "as is" without any guarantees, conditions, or promises, whether they are stated explicitly or implied. TheSmartest.me specifically excludes all implied terms and warranties, including those related to quality, fitness for a particular purpose, completeness, accuracy, and non-infringement of laws and regulations. TheSmartest.me does not guarantee that: (i) the software will meet your needs; (ii) it will not violate any third-party intellectual property rights; (iii) it will operate without errors or interruptions; (iv) any errors in the software will be fixed; or (v) the software or servers are free of viruses.
17.7 If there are errors in communication or system errors related to account settlements or other features of the software, neither TheSmartest.me nor the Software Provider will be liable to you or anyone else. TheSmartest.me reserves the right to remove any affected products from the website and take action to correct such errors.
17.8 You acknowledge that your use of the software is beyond TheSmartest.me's control. You install and use the software at your own risk, and TheSmartest.me will not be liable for your use of the software.
17.9 The software may contain confidential information crucial to the Software Provider and/or TheSmartest.me. You are not allowed to use or reveal this information except as strictly allowed by these terms.
17.10 TheSmartest.me is not responsible if the website is unavailable at any time or for any duration. We may modify, suspend, or discontinue any aspect of the website and the services or products it provides, including your access to it.
17.11 Do not misuse the website by introducing viruses, trojans, worms, or other harmful technological elements. You must not access the website without authorization, nor disrupt, damage, or interfere with any part of the website, the network or server it's hosted on, the software used for the website, or any third-party's equipment or software. You should not perform a denial-of-service attack against our website. We will not be liable for any harm caused by denial-of-service attacks, viruses, or other harmful technological elements that may affect your computer system, software, data, or other proprietary material due to your use of the website or your downloading of any material posted on it or any website linked to it.
18. THIRD PARTY CONTENT
18.1 TheSmartest.me includes information like feeds and commentaries from various suppliers. Some third-party providers may ask you to agree to extra terms and conditions to use their information. If you don’t agree with their terms, you should not use their feeds or content.
18.2 TheSmartest.me is not responsible for any third-party feeds, commentaries, or content.
18.3 The website may have links to other websites and resources; these are only for your information. TheSmartest.me does not control these external sites and is not liable for their content or for any harm that may result from using them. Linking to a third-party website does not mean TheSmartest.me endorses that website, its products, or its services.
19. ERRORS
19.1 TheSmartest.me will not be responsible if you try to gain or actually gain an advantage from any mistakes related to the games on the website if you were intentionally acting unfairly. This includes situations where: (i) there is a clear mistake in the odds, handicaps, totals, or the amounts offered for cash-outs; (ii) TheSmartest.me continues to accept game entries on markets that have closed or been suspended; (iii) TheSmartest.me incorrectly calculates or pays out a win, including if a game is settled for the full amount or wrongly made void, especially if the option ‘Void if player does not start’ was chosen when entering the game; or (iv) any error occurs in a random number generator or in the payout tables used in any game or service.
20. BREACH
20.1 If you violate any part of this agreement, TheSmartest.me reserves the right to take any action it deems appropriate. This includes ending this agreement or any other agreements you have with us, and possibly taking legal action against you.
20.2 You agree to fully indemnify, defend, and hold harmless TheSmartest.me and its shareholders, directors, agents, and employees from all claims, demands, liabilities, damages, losses, costs, and expenses, including legal fees, that might arise due to:
- a) your violation of this agreement, whether in whole or in part;
- b) any law you break or any rights of third parties that you infringe;
- c) your use of the service.
21. LIMITATIONS AND LIABILITY
21.1 In no event, including negligence, will TheSmartest.me be liable for any special, incidental, direct, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, interruption of business, loss of business information, or any other monetary loss) that arise from using (or misusing) the service, even if TheSmartest.me had prior knowledge of the possibility of such damages.
21.2 Nothing in this agreement will exclude or limit TheSmartest.me’s liability for death or personal injury caused by its negligence.
22. INTELLECTUAL PROPERTY
22.1 TheSmartest.me and its licensors hold all rights to the service, including the code, structure, organization, copyright, trade secrets, intellectual property, and other rights. You may not, as restricted by applicable laws:
- a) copy, distribute, publish, reverse engineer, decompile, disassemble, modify, or translate the website; or
- b) use the service in a way that violates applicable laws or regulations (referred to as "Unauthorized Use"). TheSmartest.me reserves all rights not explicitly granted to you here and retains all rights, title, and interest in the service. You agree to be solely responsible for any damage, costs, or expenses resulting from any Unauthorized Use you commit. You must notify TheSmartest.me immediately if you become aware of any Unauthorized Use by anyone and assist TheSmartest.me with any investigations it conducts based on the information you provide.
22.2 The name "TheSmartest.me," its domain names, and any other trademarks or service marks used by TheSmartest.me as part of the service are exclusively owned by TheSmartest.me. Additionally, all content on the website, such as images, graphics, photos, animations, videos, music, audio, and text ("Site Content"), is owned by TheSmartest.me and protected by copyright and/or other intellectual property rights. By using the service, you acknowledge that you do not acquire any rights in the Site Content, the trademarks, or any part thereof. You must not use the Site Content or trademarks without prior written consent from TheSmartist.me. Moreover, you agree not to engage in any activity that could harm or potentially harm the rights, including the intellectual property rights, of TheSmartest.me.
23. DISPUTES
23.1 If you have a complaint, please contact TheSmartest.me's customer service team at support@thesmartest.me. If you're not satisfied with the resolution, you may seek further remedies in the jurisdiction governed by the laws outlined below.
24. AMENDMENT
24.1 TheSmartest.me reserves the right to update or change this Agreement or any part of it at any time or to modify the Service without prior notice. You are bound by any changes to the Agreement once they are posted. Therefore, we recommend you regularly check the terms and conditions in the current Agreement. Your continued use of the Service signifies your acceptance of any changes to the Agreement.
25. GOVERNING LAW
25.1 This Agreement and any related issues will be governed by and interpreted under the US laws. You irrevocably agree that the courts of US will have exclusive authority to handle any claims, disputes, or differences that arise from this Agreement or related activities. You permanently give up any right to object to legal actions in these courts, to argue that such courts are an inconvenient place, or to claim that these courts lack authority. This clause does not limit TheSmartest.me’s right to take legal action against you in any other court that has jurisdiction, nor does starting legal actions in one or more jurisdictions stop TheSmartest.me from beginning proceedings in other jurisdictions, either at the same time or separately, as allowed by the law of those other jurisdictions.
26. SEVERABILITY
26.1 If any part of this Agreement becomes illegal, invalid, or unenforceable in any area, this will not affect the legality, validity, or enforceability of any other part of this Agreement in that area, or of that part or any other parts in other areas.
27. ASSIGNMENT
27.1 TheSmartest.me has the right to transfer this agreement, completely or partially, at any time without prior notice. However, you cannot transfer any of your rights or responsibilities under this Agreement.
28. MISCELLANEOUS
28.1 TheSmartest.me not reacting to a breach of any part of this Agreement (including not enforcing strict compliance with the Agreement) should not be seen as a waiver of any later breaches of that or any other part of the Agreement.
28.2 This Agreement does not give any rights or benefits to any third parties who are not part of this Agreement.
28.3 This Agreement does not create any form of partnership, agency, trust, fiduciary relationship, or joint venture between you and TheSmartest.me.
28.4 TheSmartest.me may transfer, assign, charge, sub-license, or handle this Agreement or subcontract any of its rights and responsibilities under this Agreement to someone else.
28.5 This Agreement is the complete and exclusive understanding and agreement between you and TheSmartest.me concerning the Service, and it replaces all prior agreements, understandings, or arrangements between you and TheSmartest.me.
29. COMPLAINTS
29.1 If you have any complaints about our services, you can reach our customer support through discord or by email at support@thesmartest.me. We will strive to address your concerns promptly.