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Terms and Conditions ("Terms")

Last updated: 11/26/2024

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the Blacknut Service (hereinafter referred to as “Blacknut” or the "Service") operated by Smart Mobile Tech FZCO ("us", "we", or "our").

Article 1. Definitions

In these Terms and Conditions, Parties agree on the following use and definition regarding the terms reproduced in this article.

Whenever used in these Terms and Conditions, including the Article headings, the following terms, used with initial capital letters, shall have the meanings set forth in this Article, without distinction as to whether they are used in the singular or plural:

• “Subscription” means Blacknut Service’s subscription against a fee and under the terms and conditions set forth therein.
• “Application” means the application software developed by Blacknut so as to access the Service.
• “User Account” means a User’s personal account to which personal information related to his or her use of the Blacknut Service is attached.
• “Terms and Conditions” means the following terms and conditions.
• “Game” means a video game that a User can access through his or her Subscription.
• “Player” means the natural person with a player profile attached to or created from a User Account, within the limits set forth therein.
• “Blacknut Service” or “Service” means the online Game Subscription service offered by Blacknut as defined in Article 3.
• “Website” means Blacknut’s website, accessible at https://www.blacknut.com/en
• “User” means the natural person who has subscribed to the Service.

Article 2. Purpose

The purpose of these Terms and Conditions is to define the terms and conditions applicable to Blacknut Service’s User access.

These Terms and Conditions apply to the exclusion of all other terms and conditions, unless otherwise expressly agreed in writing by Smart Mobile Tech FZCO. They are accessible at any time on the Website and are systematically communicated to the User upon request.

Article 3. Availability, Errors, and Inaccuracies

We are constantly updating our offerings of products and services on our Service and therefore you may experience delays or temporary unavailability of content while we update information on the Service and in our advertising on other websites.

Whilst we always use our best endeavors to keep the Service up to date and available, we do not guarantee the accuracy or completeness of any information, including product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Article 4. Blacknut Service

The Blacknut Service consists in the provision of a catalog of online Games to which the Players have access on demand, through compatible connected devices and in compliance with the Subscription’s length and conditions selected by the User.

The main features of the Service and Subscriptions are presented on the Website. As part of the Service, the User has access to the following features:

• Creation of a User Account;
• Creation of several Player profiles from the User Account, the maximum number of which is set in the selected Subscription;
• Access to all the Games available on the Website and the Application;
• Connection to multiple compatible devices, the number of which is set in the selected Subscription;
• Parental Controls.

It is the User’s responsibility to take this into account before selecting a Subscription.

Article 5. Subscriptions

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a daily, weekly, or monthly basis.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or we cancel it. You may cancel your Subscription renewal either through your online account management page or by contacting our customer support team.

The technical requirements for accessing the Blacknut Service are set forth in Article 11.

Article 6. Creation of your user account

Selecting a Subscription requires the prior creation of a User Account using the information that you communicate to us via the Application or the Website. You are responsible for the confidentiality of your identifiers and password, as well as the security of your computer equipment and system.

To create an account and subscribe to the Blacknut Service, you must be 18 years old or at least 16 years old and emancipated. It is the responsibility of the holders of parental authority to determine which service is, or is not, appropriate for their minor child(ren) and to take the necessary precautions to restrict access to certain services and content. Use of the Blacknut Service by a minor remains the responsibility of the parents (or guardian).

Once you are a Subscriber and abide by these Terms and Conditions, you and members of your household may access the Blacknut Service by creating Player profiles, limited to the maximum number included in the selected Subscription. To this end, parental features are available when creating a new player profile and allow you to configure the use of the Service to be adapted to their age and filter the content. The User is responsible for the use of the Blacknut Service by all Players and in particular by minors who may have access to their User Account.

Article 7. Free Trial

We may, at our sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").

You may be required to enter your billing information to sign up for the Free Trial. If you do enter your billing information when signing up for the Free Trial, you will not be charged by us until the Free Trial has expired. On the last day of the Free Trial period, unless you cancel your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, we reserve the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Article 8. No Commitment

You're not bound by any long-term commitment with us. You have the freedom to enjoy your subscription indefinitely, subject to the terms in the agreement. You can opt-out at any time through the service settings, provided it is done at least one full day before the renewal date.

If you cancel mid-subscription period, you will have access until the end of the paid period or free trial. Your subscription will not auto-renew, and no further payments will be deducted. You can always reactivate later. Note that there are generally no refunds or credits for mid-subscription cancellations, except where required by law.

If your subscription is suspended or terminated, there will be no refunds, credits, or exchanges for unused time, fees, content, or data associated with it.

Article 9. Fee Changes

We will provide you with a 30 days' prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Article 10. Refunds

In the context of a Subscription, by clicking on “Subscribe” the User expressly agrees to the immediate start of the Blacknut Service, and agrees to expressly waive his right to exercise the right of withdrawal within 14 days, in accordance with Article L221-28, 13 of the French Consumer Code, without this affecting his right to cancel the Blacknut Subscription at any time, in accordance with the terms of Article 10.
However certain refund requests for Subscriptions may be considered by us on a case-by-case basis and granted at our sole discretion.

Article 11. Technical and Geographical Prerequisites

The User agrees that the very nature of an online video game service such as the Blacknut Service requires the use of an adapted technical environment.

As such, in order to access the Blacknut Service, you must comply with the technical prerequisites available by clicking on the following link: https://www.blacknut.com/en/download. In addition, and in order to access the Blacknut Service with compatible connected devices, you must download the Application and select a Subscription. The Application is updated on a regular basis. You agree to download updates on a regular basis for the proper functioning of the Service.

When connecting to the Blacknut Service, we may use recognition tools to examine your technical environment and determine whether your configuration meets our minimum technical requirements.

You acknowledge that the display quality of the Service and the Games depends on your technical environment and compliance with the technical prerequisites available by clicking on the following link: https://www.blacknut.com/en/support/blacknut-cloud-gaming .

Thus, Blacknut cannot be held responsible for broadcasting difficulties or, more generally, for any disturbance of the Internet network affecting the use of the Service. The Service is provided “as is” and Blacknut makes no warranty as to the broadcasting conditions, quality of broadcasting, transmission and accessibility of the Service and the Games.

You will assist us in identifying the source of any problems with the Service that, in our reasonable opinion, may be attributable to matters under your control.

Exceptionally, Blacknut may suspend access to all or part of the Service if we determine that (a) your use of the Service (i) relates in a security concern, (ii) could adversely affect the Service or systems or one or more Games, (iii) could expose us, our affiliates or any third party to liability, or (iv) could be fraudulent; or (b) you are in breach of any of your obligations under these Terms and Conditions.

In application of the principle of cross-border portability of online content services, Blacknut allows the User temporarily present in a Member State of the European Union to access and use the Service in the same manner as in his or her Member State of residence from which he or she has taken out a Subscription. Verification of a User's place of residence can be made using the payment information entered into the User Account or via any request for proof of residence made by Blacknut. If such verification cannot be carried out or if a User is no longer a resident of a Member State of the European Union, Blacknut reserves the right to suspend the portability of the Service.

The User acknowledges that the quality of the Service may be impacted by the methods of connection to the Service chosen by the User and that the catalogue of available Games may vary under the conditions indicated in Article 8. Intellectual Property.

Article 12. Intellectual Property

The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of Smart Mobile Tech FZCO and its licensors. The Service is protected by copyright, trademark, and other laws of both the UAE and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without prior written consent from us.

Blacknut grants you, during the term of your Subscription and in the countries in which the Blacknut Service is available, a personal, non-exclusive and non-transferable license limited to access to the Service to access and play the catalogue of Games available under the terms set forth herein.

Any other use and in particular any public representation and/or reproduction and any exploitation outside the family circle, for professional, commercial or promotional purposes of all or part of the Blacknut Service, the Application and the Game(s), is prohibited without the express, written and prior authorization of Blacknut.

In particular, the User is prohibited from modifying, decompiling, translating, adapting, distributing, broadcasting, diverting or copying all or part of the Service, any of the Games and/or the Application, and their constituent elements, in any manner whatsoever.

The User acknowledges that the Games and all of their constituent elements, as well as the rights relating to the trademarks of their publishers, are protected by intellectual property law under applicable regulations, the violation of which is likely to engage the civil liability of its author. You further acknowledge that due to the existence of intellectual property rights on the Games, certain Games available on the Blacknut Service in your country of Subscription may not be available abroad depending on the authorizations granted to Blacknut by its assignees. Blacknut does not guarantee the availability of specific Subscription Games or the minimum number of Games available per Subscription.

When you publish content or other materials on the Service and/or Blacknut's social networks, you grant Blacknut a royalty-free, transferable and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display your content worldwide and in any media, for the term of the copyright. You represent and warrant that you own or have all the necessary rights in the content so published to grant this license.

Article 13. Our Privacy Policy

To create a User account and subscribe, you must accept our Privacy Policy.

Article 14. Contact Us

If you have any questions about these Terms, subscribing or cancelling your subscription, please contact us on : customerservice@mobibox.mobi
If you require any assistance to use the Blacknut Service you can contact us via the contact form to let us know about any difficulty you may have.

Article 15. Miscellaneous

If for any reason, all or part of any of the above provisions is rescinded, the remaining provisions shall nevertheless remain in full force and effect. If any of the provisions of these Terms and Conditions should be invalid with regard to a legislative or regulatory provision in force and/or a court decision having the force of res judicata, it shall be deemed to be non-existent but shall not affect the validity of the other provisions, which shall remain fully applicable.

Blacknut reserves the right to assign, transfer or convey to a third party, in any form whatsoever, all or part of the rights and obligations hereunder or to substitute a third party for the performance of all or part of the rights and obligations hereunder without such assignment or conveyance resulting in any diminution of your rights.

Privacy Policy

Smart Mobile Tech FZCO and Blacknut value your privacy and are committed to protecting your personal information. This Privacy Policy outlines how we collect, use, and share your information when you subscribe to our service. By subscribing to our service, you consent to the practices described in this policy. Please read this policy carefully to understand how we handle your information. Terms used with a capital letter are defined in the Terms and Conditions.

1. Information We Collect

When you use our service, we may collect the following types of information:

• a. Personal Information: Subscription Data: When you subscribe to our service, we collect your mobile phone number and any other necessary billing details. These details help us process your subscription and maintain accurate records. Age Verification: To comply with age restrictions, we may collect information to ensure that you are over 18 years of age or have permission from a parent or guardian if you are under 18.


• b. Technical Information: Device and Network Information: When you access our portal, we may collect details about your device, such as your IP address, browser type, and mobile network information. Usage Data: We track how you use our service, including browsing activities, page interactions, and the content you access.

In addition, Blacknut collects User and/or Player data, which you provide to us directly when creating or modifying your User Account and Player profiles; when subscribing to your Subscription and more generally when you (and/or a Player) communicate with our Services. This data may include surname, first name, email address, title, telephone number, pseudonym, date of birth, postal address, number of people in the household, and data necessary to carry out product testing and promotional activities.

The compulsory or optional nature of the data is indicated by an asterisk upon its collect. Some data are collected automatically as a result of your actions on the Website or via the Application.

When the User and/or Player logs into the User Account and/or accesses the Service, we also collect data in the following categories:

• Transaction Data: We collect transaction information related to the use of the Service including billing amounts, Subscription payment methods and other related information.
• Service Usage Information and Preferences: We collect information about how the User and/or Player uses the Service, their preferences and settings. In some cases, this collection is done through the use of cookies and other similar technologies.
• Information relating to the technical and hardware environment: we may collect information relating, for example, to the type of hardware used, the operating system, the names and versions of the software installed to access the Service, the model of the connected devices.
• Data collected through third parties: we may also collect information from third party sources and combine it with information we collect directly from the User and/or Player or through their use of the Service. For example, we may have access to data:
• If you create a User Account or connect with a social network, we may have access to data about you:
  - From service providers who help us to determine a location based on your IP address, and thus allow us to personalize the Service as described in our Terms and Conditions;
  - From security service providers who provide us with information to secure our systems, prevent fraud and help us protect the security of User Accounts;
  - From payment service providers who provide us with payment or balance information, or updates to such information.
  

2. How We Use Your Information

We may use all or part of the data referred to in Article 1 hereof for the following purposes:

• Service Provision and Maintenance: To process your subscription, including automatic renewal unless you choose to unsubscribe. To send you and renewal alerts via SMS.
• Communication: To send you important service-related updates, such as subscription, renewals,. to provide you with any support services you may request, to send you software updates and administrative communications;
• Improvement of Services: To analyze how users interact with our service so that we can improve the platform, including usage patterns, the user interface, content offerings, and overall performance.
• Compliance with Legal Obligations: We may use your personal information to comply with applicable laws, regulations, and legal processes.
• Prevent fraud and abuse in the use of the Blacknut Service;
• To send commercial, promotional, and other communications

We may share certain personal data about you with:

• Certain third parties to provide and/or bill you for the Service;
• Certain third parties with whom you choose to let us share information;
• Our subsidiaries;
• Certain third parties in connection with negotiations relating to a merger and/or sale of our company's assets, consolidation or restructuring, financing or acquisition of all or part of our business by another company.

Data stored by Blacknut is hosted within the European Union in compliance with applicable European laws and regulations. Your personal data is not transferred or disclosed outside the European Union unless required by law or court order, or in the event that You (or a Player) wish to access the Blacknut Service from outside the European Union. In the latter case, User Account data is made available on servers hosted near the location of the User and/or Player's connection.

3. Cookies and Tracking Technologies

We may use cookies and similar tracking technologies to enhance your experience on our portal. Cookies are small data files stored on your device, you have the right to choose to accept or decline cookies and other trackers that we use.

You may accept or decline cookies that are not required to access the Service:

• Authentication cookies: they allow you to authenticate yourself on the website, to memorize your user account information, your history, your preferences. These cookies are indispensable for your access to the Service.
• Cookies for analysis and research: they allow us to carry out data analysis, research and checks on the use of the Service.
• Advertising cookies and retargeting: when you access third party sites that advertise on the Website or the Application, or possibly when you view these advertisements, cookies may be created by the companies displaying these advertisements. These third parties may use cookies as part of the Blacknut Service and are responsible for the cookies they set and their provisions regarding cookies apply. For more information, you are advised to consult directly with such advertisers or third parties regarding their policies on the use of cookies.

4. Data Sharing and Disclosure

• We do not sell or rent your personal information to third parties. However, we may share your information in the following scenarios:
• Legal Compliance: We may disclose your information if required to do so by law or in response to valid legal requests from government authorities.
• Data Security We implement appropriate technical and organizational measures to protect your personal information from unauthorized access, disclosure, alteration, or destruction. However, no method of data transmission or storage is completely secure, and we cannot guarantee the absolute security of your information.
• The Service may include a feature that allows you to share actions you have performed on the Service on social networks. Using this feature allows you to share certain information with members of your network or the general public depending on the settings you have selected on the particular social network. We encourage you to refer to the privacy policies of the relevant social networks for more information.
• You authorize us to share some of your data with third parties for the purposes of audience measurement and analysis, to serve ads on our behalf, and to track and report on the performance of those ads.

5. Retention of Your Information

• We will retain your personal information for as long as necessary to fulfill the purposes outlined in this policy. This may include retaining your data to comply with legal obligations, resolve disputes, and enforce our agreements.
• You have the possibility to modify and/or correct the information relating to your User Account by logging in. You may also request the deletion of your User Account, in which case your data will be deleted within a reasonable period of time and maximum of one (1) month from the date of deletion, unless legal provisions require a longer period.
• Blacknut reserves the right to anonymize your data in order to use it for statistical studies, the development of new products, the improvement of the Service, etc...

6. Children’s Privacy

Our service is intended for users who are at least 18 years old or who have obtained parental consent. We do not knowingly collect personal information from children under 18. If we become aware that we have inadvertently collected personal data from a child without consent, we will take steps to delete that information.

7. Data Usage and Charges

Please note that standard data charges may apply when browsing or downloading content from our portal if you are not using a data bundle. It is your responsibility to manage your data usage according to your mobile plan.

8. International Data Transfers

We operate globally, and your information may be transferred to and processed in countries outside your own. We ensure that any data transfers comply with applicable privacy laws and that your data is protected by adequate safeguards.

9. Right of Access, Rectification, and Opposition

You have the right to access, rectify and oppose the processing of your personal data. This right can be exercised by means of a written and signed request specifying the address to which you should receive a reply and accompanied by a copy of your identity document, all addressed to:
Billing and Subscription Management: customerservice@mobibox.mobi
Blacknut Service: for the attention of Mr. Olivier AVARO 4 square du Chêne Germain, 35510 Cesson-Sévigné or via the contact form. An answer will be sent to you within 1 (one) month following the reception of the request.

10. Changes to This Privacy Policy

We may update this policy from time to time and notify you of significant changes.

11. Contact Us

If you have any questions, concerns, or feedback regarding this Privacy Policy or our data handling practices, please contact us at: customerservice@mobibox.mobi
By using our service, you acknowledge that you have read and understood this Privacy Policy and agree to the collection, use, and disclosure of your personal information as described herein

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