Terms

These Terms of Service ("Terms") govern your use of SmartFlutter, including the SmartFlutter website at smartflutters.com, the SmartFlutter mobile applications, and any SmartFlutter SDK you integrate into your own application or website.

By accessing or using SmartFlutter you agree to these Terms. If you do not agree, do not use the services.

1. Who We Are

SmartFlutter is operated by PerkMedia LLC, a New Mexico limited liability company, 1209 Mountain Road PL NE Ste R, Albuquerque, NM 87110, United States. PerkMedia Group lists SmartFlutter as one of its brands at perkmedia-group.com.

2. Eligibility

You must be at least 18 years old to use SmartFlutter and to enter into any advertising or publisher agreement with us. If you use the services on behalf of a company, you confirm you have authority to bind that company, and "you" includes that company.

3. Our Services

SmartFlutter provides rewarded games, rewarded surveys, offerwall technology, advertising technology, user acquisition services and related analytics. Features differ by platform and by country, and we may add, change or discontinue any of them.

4. Rewards

Users earn rewards for completing sponsored tasks. Rewards are promotional items, not currency, and have no cash value outside the platform unless we expressly state otherwise in a publisher agreement. We may withhold, reverse or limit a reward where we detect fraud, duplicate accounts, automated or invalid traffic, or activity that breaches these Terms or a publisher agreement. Reward balances that have been inactive for the period set in the relevant offer terms may expire; where that applies it is stated on the offer.

5. Publisher and Advertiser Obligations

• Publishers must not place offers in apps or sites that are unlawful, deceptive, or that target users in a way our policies prohibit.
• Advertisers must supply offers, creative and landing pages that are accurate, lawful, and compliant with applicable regulation and platform policy.
• Neither party may use the services to infringe intellectual property, distribute malware, or engage in deceptive or coercive behaviour.
• Neither party may attempt to reverse engineer the SDK or platform except to the extent a limitation of liability permits.

6. Acceptable Use

You may not: interfere with or disrupt the services; scrape, resell or republish our data at scale; attempt to gain unauthorised access to any system; use automated means to complete tasks or claim rewards; impersonate others; or use the services in a way that violates applicable law.

7. Intellectual Property

The services, including the SDK, software, designs, trademarks, documentation and the SmartFlutter name and logo, are owned by PerkMedia LLC or its licensors. We grant you a limited, non-exclusive, non-transferable licence to use the SDK as documented, for the term of your agreement. You grant us the right to use your app name, logo and creative solely to deliver and measure the offers we place in it.

8. Third-Party Services and Links

Offers may lead to third-party advertisers, sites and app stores. We do not control them and are not responsible for their content, products, availability or privacy practices. Your use of them is governed by their own terms.

9. Disclaimers

Except as expressly stated, the services are provided "as is" and "as available", without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not guarantee that rewards will be available, that any offer will be suitable, that earnings will be achieved, or that the services will be uninterrupted or error free. Earnings claims depend on your app, audience, geography and the offers available at the time.

10. Limitation of Liability

To the maximum extent permitted by law, PerkMedia LLC is not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, arising from your use of the services, whether in contract, tort or otherwise, even if advised of the possibility. Our total liability for any claim arising out of or relating to the services is limited to the greater of the amount you paid us in the twelve months before the claim or USD 100. Nothing in these Terms excludes liability that cannot lawfully be excluded.

11. Indemnity

You agree to indemnify and hold harmless PerkMedia LLC and its officers, directors and employees from any third-party claim arising from your use of the services, your breach of these Terms, your violation of law, or your violation of a third party's rights.

12. Indemnity and Liability Cap Exclusions

Nothing in these Terms limits our liability for fraud, for death or personal injury caused by negligence, or for anything else that cannot lawfully be limited.

13. Termination

You may stop using the services at any time. We may suspend or terminate access for breach of these Terms, for non-payment, or where required by law or a third party. On termination, amounts owed, and licences granted in respect of the SDK, end immediately.

14. Changes

We may update these Terms. Material changes will be posted on this page with an updated effective date, and continued use of the services after that date means you accept them.

15. Governing Law

These Terms are governed by the laws of the State of New Mexico, United States, without regard to conflict of law rules, and the courts of New Mexico have exclusive jurisdiction, without prejudice to any mandatory consumer protections available to you where you live.

16. General

If a provision is held unenforceable, the rest remains in force. Your agreement with us is governed by the laws of the State of New Mexico, and you submit to the exclusive jurisdiction of the courts located in New Mexico. Failure to enforce a right is not a waiver of it. These Terms, together with any order form or publisher agreement you sign, are the entire agreement between us on their subject matter.

17. Contact