• Terms & Conditions

    • June 5, 2020

    Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) and Privacy Policy carefully before using any mobile applications, websites, games, and/or any services (collectively, the “Services”) that are made available by UpSmart Games. (“We”, “us”, “our”) on the Apple App Store, Google Play App Store, or on Facebook. Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Services. By accessing or using the Services, you agree to be bound by these Terms and Privacy Policy. If you disagree with any part of the Terms and Privacy Policy, then you may not access the Services. Subject to these Terms, we hereby grant you a non-exclusive, non-transferable, non-sublicensable, limited right, and license to use the Services for your personal, non-commercial use. The rights granted to you are subject to your compliance with these Terms. The Services and its contents are licensed, not sold. Accordingly, you agree that you have no right in or to any content that appears in the Services.

    Accounts and Login Information

    The Services may enable you to create an account or otherwise register with the Services. You may use a password or any other credentials to access the Account (“Login Data”). You agree that you will maintain the confidentiality of the Login Data and you are responsible for all uses, including purchases. We reserve the right to delete your Login Data if you do not have any relation to the Account for 180 days or more. Thus, you may not be able to access and/or use any purchased virtual items associated with that Account and we will not offer any refund.


    If you wish to purchase any product or service made available through the Services (“Purchase”), you may be asked to supply certain information relevant to your Purchase, without limitation. Purchased virtual items do not have an equivalent/substitute value in real-world money. We are not liable for hacking or loss of your virtual items. Without notice, we may change the price and availability of virtual items. All purchases/redemptions of virtual items made through the Services are final and non-refundable. You acknowledge and consent that the provision of virtual items for use in the Services is a process that commences immediately upon purchase. Therefore, you lose your right of cancelation once the process has commenced. You agree that we are not required to provide a refund for virtual items for any reason. The in-app purchase of virtual items such as “Keys” or “Clues” are stored locally on phone and not synced with the cloud services. Thus, in the case of uninstalling the app, clearing the app data, or any other app failure, those virtual items will be lost and are not refundable. However, the in-app purchase of “Remove Ads” shall be restored. You further acknowledge that you will not receive money/compensation for unused virtual items, regardless of whether your loss of license under these Terms was intentional or unintentional. If you want to delete your personal data, as described in Privacy Policy, you will permanently lose all of your Virtual Items without the right to refund, since it will not be possible to associate such Virtual Items with you.


    Our Service may allow you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material (“Content”). We will not have any liability or responsibility for any user behavior or for monitoring User Content or inappropriate conduct in the Services. We do not monitor User Content. Therefore, you bear all risks associated with content use, including, but not limited to, exposure to offensive and indecent content. Although it is not obligated to, we reserve the right for utilizing technology to monitor and/or record your interactions and behavior with the Services. Consequently, you agree that you have no expectation of privacy concerning the transmission of any content within the Services. If we believe users are creating risk or possible legal liabilities, we may limit/suspend/terminate the Services and take technical and legal steps to prevent users from accessing the Services. We reserve the right to stop offering/supporting the Services at any time, then your license to use the Services will be terminated automatically (see also “Suspension and Termination for your Non-compliance”) In such an event, unless otherwise required by applicable law, we do not have to provide refunds for virtual items or other items in connection with such discontinued Services.

    Links to Other Websites

    Our Service may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites.

    Suspension and Termination for your Non-compliance

    If we believe that you are not complying with these terms, we reserve the right to take any of the following actions freely, with/without notice to you:

    • Delete, suspend and/or modify your Login Data
    • Limit, suspend and/or terminate your access to the Services
    • Modify and/or remove any of your Virtual Items
    • Reset and/or modify any game progression or benefits


    The Services are provided to you “AS IS” and “AS AVAILABLE” basis without warranty, assurances or guarantees of any kind. We do not make, and hereby disclaim, warranties; uninterrupted use, accurate data, merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third-party rights, and warranties arising in the course of dealing, usage, or trade practices. We do not warrant your enjoyment of the Services; that operation of the Services will be uninterrupted or error-free; that the Services will be compatible with any other services; or, that any errors in the Services will be corrected. Any kind of advice, provided by us, does not constitute a warranty.


    We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will try to provide at least 7 days’ notice prior to any new terms taking effect. What constitutes change will be determined at our sole discretion.

    Contact Us

    If you have any questions about these Terms, please contact us at this email : support@smartbrainpuzzles.com