Terms of Use (WEBSITE)
smartproject.com
Effective date: 10.07.2026
These Terms of Use (“Terms”) govern your access to and use of the website available at smartproject.com, including its pages, content, contact forms, career forms, publishing proposal forms, game submission forms, and any related website functionality made available by Smart Project GmbH, registered at Albitweg 11, 3095 Spiegel b. Bern, Switzerland (“Smart Project”, “Company”, “we”, “us”, or “our”).
These Terms apply to the website only. Our mobile games, applications, in-app purchases, subscriptions, virtual items, user accounts, and gameplay features may be subject to separate terms, end-user licence agreements, app store rules, platform terms, or game-specific policies.
By accessing the website, browsing it, submitting a form, uploading a file, clicking “I agree”, or otherwise using the website, you agree to these Terms. If you do not agree, please do not use the website or submit any information through it.
For information on how we collect and process personal data, please read our Privacy Policy. For information on cookies and similar technologies, please read our Cookie Policy.
1. Company information
The website is operated by:
Smart Project GmbH
Albitweg 11, 3095 Spiegel b. Bern, Switzerland
Email: info@smartproject.com
Career-related contact: job@smartproject.ua
If any mandatory legal notice, imprint, or additional company information is required in a particular jurisdiction, it may be provided in a separate “Legal Notice”, “Impressum”, or similar section of the website.
2. Language
These Terms may be made available in more than one language. Unless otherwise required by applicable law, the English version is the legally binding version and prevails in case of any conflict or inconsistency between versions.
3. Website purpose
The website is provided for informational and business communication purposes. It may include, among other things:
(a) information about Smart Project and its activities;
(b) a catalogue of Smart Project games with links to third-party platforms, including app stores;
(c) contact forms for support, business, marketing, and general inquiries;
(d) career pages and forms for candidates, including CV upload;
(e) referral or recommendation forms;
(f) publishing proposal forms;
(g) “Submit Your Game” or similar forms allowing developers, studios, or other users to submit information about their games for review.
Submitting any form does not create an employment relationship, partnership, publishing agreement, agency relationship, joint venture, confidentiality relationship, or any obligation for Smart Project to respond, negotiate, review, publish, acquire, invest in, promote, or otherwise work with you.
4. Eligibility
4.1. You may use the website only if you are legally able to agree to these Terms and are not prohibited from using the website under applicable law.
4.2. You must be at least 16 years old, or such higher age as may be required under the laws of your country, to submit personal data through the website. The website is not intended for use by individuals below this age, and we do not knowingly collect personal data from them.
4.3. You must not submit business proposals, game submissions, CVs, or third-party personal data if you do not have the legal right or necessary permission to do so.
4.4. If you submit a referral, recommendation, CV, portfolio, contact details, employment history, professional profile, or other career-related information concerning another person, you confirm that you have informed that person about the submission and, where required by applicable law, have obtained their consent or have another valid legal basis to provide their information to the Company for recruitment-related or cooperation purposes. You are responsible for any failure to provide such notice or obtain such consent or legal basis.
5. Acceptance of specific form terms
Certain website forms may require you to tick a checkbox or otherwise confirm that you agree to specific terms before submission.
6. Communications and Updates
If you contact us, submit a form, apply for a role, send a referral, submit a game, publishing proposal, or other request through the Website or related tools, we may contact you in connection with that request, submission, application, referral, or relevant professional opportunity.
We may also send you professional communications, company updates, recruitment-related information, cooperation opportunities, or similar messages where permitted by applicable law.
You can opt out of further non-essential communications at any time by using the unsubscribe mechanism, where available, or by contacting us as described in our Privacy Policy.
7. Your use of the website
You agree to use the website only in a lawful, fair, and reasonable way. You must not:
(a) submit false, misleading, unlawful, abusive, or fraudulent information;
(b) impersonate another person, company, developer, studio, candidate, or representative;
(c) submit information on behalf of another person or company without proper authority;
(d) upload malicious files, viruses, spyware, adware, harmful code, or corrupted materials;
(e) use the website to send spam, unsolicited commercial messages, mass submissions, or automated requests;
(f) scrape, crawl, extract, copy, or harvest website content, forms, data, emails, or other information without our prior written consent;
(g) interfere with the operation, security, availability, or integrity of the website;
(h) attempt to gain unauthorised access to any systems, forms, files, servers, accounts, or data;
(i) reverse engineer, decompile, or otherwise attempt to derive source code from any website component, except where expressly permitted by law;
(j) use the website in a way that infringes intellectual property, privacy, confidentiality, publicity, consumer protection, employment, export control, sanctions, or other applicable laws.
We may restrict, suspend, block, or refuse access to the website or any form submission if we reasonably believe that you have breached these Terms or applicable law.
8. Website content and Smart Project intellectual property
All content on the website, including text, graphics, images, videos, design, layout, logos, trade names, trademarks, game titles, characters, artwork, screenshots, gameplay descriptions, software, code, and other materials, is owned by or licensed to Smart Project and is protected by intellectual property laws.
You may access and view the website content for personal, informational, non-commercial purposes only. You must not copy, reproduce, modify, distribute, publish, sell, license, create derivative works from, or otherwise use any website content without our prior written consent, except where expressly permitted by applicable law.
Nothing in these Terms grants you any right, title, or interest in Smart Project’s intellectual property, games, trademarks, logos, website content, software, or other materials.
9. External links and third-party platforms
The website may include links to third-party websites, platforms, app stores, social networks, portfolio platforms, payment providers, analytics providers, or other third-party services (“Third-party services”).
These third-party services are not controlled by Smart Project. We are not responsible for their content, availability, security, terms, privacy practices, fees, purchases, downloads, subscriptions, refunds, ratings, reviews, or any other activity conducted through them.
If you download or use any Smart Project game through Google Play, the App Store, Amazon Appstore, Microsoft Store, Facebook, or any other platform, your use may also be governed by the terms, policies, and technical requirements of that platform.
10. Contact forms and general submissions
When you contact us through the website, you are responsible for ensuring that the information you provide is accurate, lawful, and does not infringe any third-party rights.
By submitting a contact form, you grant Smart Project the right to receive, review, store, process, and respond to your inquiry for the purposes for which it was submitted and as further described in our Privacy Policy.
You must not submit confidential, commercially sensitive, proprietary, or legally privileged information through a general contact form unless we have expressly agreed in writing to receive it under a separate confidentiality arrangement.
11. Career forms, CVs, and referrals
If you submit a CV, portfolio, cover letter, referral, recommendation, or other career-related information, you confirm that:
(a) the information is accurate and not misleading;
(b) you are submitting your own information or have authority to submit information about another person;
(c) your submission does not contain unlawful, discriminatory, offensive, infringing, or unnecessary sensitive information;
(d) you understand that submitting a CV or referral does not guarantee contact, interview, employment, engagement, or any particular recruitment outcome.
Career-related personal data is handled in accordance with our Privacy Policy and, where applicable, a separate Applicant Privacy Notice.
If you submit personal data of another person, including a referral candidate, you are responsible for ensuring that you have a lawful basis and appropriate permission to do so.
12. Publishing proposal terms
If you submit a publishing proposal, business proposal, pitch deck, product information, metrics, store links, monetisation data, business plans, financial information, or other publishing-related material, you confirm that:
(a) you have the authority to submit the proposal on behalf of yourself or the company, studio, developer, publisher, or other entity you represent;
(b) all information submitted is accurate to the best of your knowledge and not misleading;
(c) the submission does not infringe any intellectual property, confidentiality, contractual, employment, privacy, publicity, consumer protection, export control, sanctions, or other rights or laws;
(d) you are not subject to sanctions and are not acting on behalf of any sanctioned person, entity, or restricted territory, to the extent prohibited by applicable law;
(e) the submission does not contain malware, spyware, hidden tracking, unauthorised code, or unlawful materials.
By submitting a publishing proposal, you grant Smart Project a limited, non-exclusive, worldwide, royalty-free licence to access, review, reproduce internally, analyse, and discuss the submitted materials solely for the purpose of evaluating a potential publishing, partnership, investment, marketing, or business cooperation opportunity.
Unless a separate written agreement is signed, your submission does not create any obligation for Smart Project to keep discussions going, enter into an agreement, make an offer, provide feedback, publish your game, promote your product, invest in your company, or pay you any compensation.
13. Confidentiality of publishing proposals
Smart Project will use commercially reasonable efforts to treat non-public business information submitted through a publishing proposal form as confidential and to limit access to personnel, contractors, advisers, or group entities who need to review it for evaluation purposes.
However, unless a separate NDA is signed, you understand and agree that Smart Project is not accepting unlimited confidentiality obligations and is not restricted from using information that:
(a) was already known to Smart Project before your submission;
(b) is or becomes publicly available without breach by Smart Project;
(c) is independently developed by Smart Project without using your confidential information;
(d) is received lawfully from a third party without confidentiality restrictions;
(e) must be disclosed under applicable law, court order, regulator request, platform request, or legal process.
For highly confidential information, source code, unreleased builds, trade secrets, financial data, or sensitive business materials, you should request a separate NDA before submitting them.
14. Game submission terms
If you submit a game, prototype, concept, pitch, gameplay video, build, store link, source materials, artwork, design document, title, mechanics description, or any other game-related material through a “Submit Your Game” form or similar channel, you confirm that:
(a) you own or lawfully control all rights necessary to submit the materials;
(b) you have the authority to act on behalf of the developer, studio, publisher, company, or rights holder identified in the submission;
(c) the submitted game and materials do not infringe any third-party intellectual property rights, including copyright, trademark, trade dress, design rights, database rights, software rights, publicity rights, moral rights, or contractual rights;
(d) the submission does not contain copied, cloned, plagiarised, misleading, unlawful, offensive, discriminatory, pornographic, exploitative, violent extremist, harmful, or otherwise prohibited content;
(e) the submission does not contain malware, spyware, unauthorised tracking, hidden mining, harmful SDKs, or other malicious or deceptive code;
(f) any third-party assets, engines, plugins, SDKs, open-source components, fonts, music, artwork, AI-generated materials, or licensed content included in the submission are used lawfully and in accordance with the relevant licence terms;
(g) the submitted link, build, file, or material may be accessed and reviewed by Smart Project for evaluation purposes.
By submitting game-related materials, you grant Smart Project a limited, non-exclusive, worldwide, royalty-free licence to access, download, view, test, reproduce internally, analyse, evaluate, and discuss the submitted materials solely for the purpose of assessing a potential business, publishing, acquisition, investment, partnership, licensing, marketing, or other cooperation opportunity.
This licence does not give Smart Project the right to commercially publish, distribute, sell, sublicense, publicly release, or otherwise exploit your game as a product unless you and Smart Project sign a separate written agreement.
15. No obligation and similar ideas disclaimer
Smart Project receives, develops, reviews, and works on many games, ideas, mechanics, concepts, features, themes, titles, prototypes, business proposals, and creative materials.
You understand and agree that:
(a) Smart Project may already be developing, reviewing, testing, publishing, or considering games, concepts, mechanics, features, themes, titles, art styles, business models, or ideas that are similar or identical to your submission;
(b) your submission does not prevent Smart Project from developing, publishing, licensing, acquiring, investing in, or working on similar or competing products independently;
(c) Smart Project is not required to prove independent development to you unless required by applicable law or a binding written agreement;
(d) Smart Project has no obligation to provide feedback, comments, reasons for rejection, updates, review results, or any response;
(e) no compensation, fee, royalty, reimbursement, credit, or other payment is owed to you merely because you submitted materials.
Nothing in this section allows Smart Project to misuse your copyrighted materials, source code, confidential information, or trade secrets in breach of applicable law or a separate written agreement.
16. Prohibited submissions
You must not submit any material that:
(a) infringes or misappropriates third-party intellectual property, trade secrets, confidential information, privacy rights, publicity rights, or contractual rights;
(b) contains malware, viruses, worms, ransomware, spyware, hidden tracking, or harmful code;
(c) is unlawful, fraudulent, defamatory, abusive, hateful, discriminatory, sexually exploitative, or otherwise harmful;
(d) contains personal data that you are not authorised to provide;
(e) contains children’s personal data unless you have a lawful basis and all required parental or guardian permissions;
(f) violates platform rules, advertising rules, app store policies, sanctions, export control laws, or other applicable regulations;
(g) falsely suggests that you are authorised by a company, developer, studio, platform, rights holder, or other third party.
We may delete, reject, ignore, block, or report any prohibited submission.
17. User feedback
If you send us feedback, suggestions, comments, feature ideas, bug reports, improvement proposals, or similar non-confidential input about our website, games, services, or business, you grant Smart Project a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free licence to use, copy, modify, publish, distribute, and otherwise exploit that feedback for any purpose, without restriction or compensation to you.
This section does not apply to game submissions or publishing proposals to the extent they are expressly governed by Sections 11–14 above.
18. Privacy and personal data
Your use of the website and submission of personal data are subject to our Privacy Policy and, where applicable, additional privacy notices for candidates, publishing contacts, game submissions, or specific forms.
You should not submit unnecessary sensitive personal data through the website, including health information, biometric data, government IDs, financial account data, precise location data, children’s data, or other sensitive information, unless specifically requested and lawful.
19. Cookies and tracking technologies
The website may use cookies, pixels, analytics, tags, and similar technologies. Details are provided in our Cookie Policy and, where required, through the cookie consent banner or preference centre.
You may be able to manage non-essential cookies through the website’s cookie settings, browser settings, or other tools made available to you.
20. Security
We use reasonable organisational and technical measures designed to protect the website and information submitted through it. However, no website, transmission, upload, system, or storage method is completely secure.
You are responsible for ensuring that any file, link, build, CV, portfolio, or other material you submit is safe, lawful, and free from malware or harmful code.
You must not attempt to test, scan, bypass, disrupt, overload, reverse engineer, exploit, or compromise the website or its security without our prior written permission.
21. Availability and changes to the website
We may update, modify, suspend, discontinue, restrict, or remove any part of the website at any time, with or without notice.
We do not guarantee that the website will always be available, uninterrupted, secure, error-free, compatible with your device, or free from technical issues.
22. Disclaimer of warranties
The website and all website content are provided on an “as is” and “as available” basis.
To the maximum extent permitted by applicable law, Smart Project disclaims all warranties, representations, and conditions, whether express, implied, statutory, or otherwise, including warranties of accuracy, completeness, availability, fitness for a particular purpose, merchantability, non-infringement, and uninterrupted or error-free operation.
We do not warrant that any website content, game description, job posting, business information, form, link, file upload, or third-party platform information is complete, current, or free from errors.
23. Limitation of liability
To the maximum extent permitted by applicable law, Smart Project, its directors, officers, employees, contractors, affiliates, advisers, and partners will not be liable for any indirect, incidental, special, consequential, exemplary, punitive, or similar damages, including loss of profits, revenue, business, opportunity, goodwill, data, files, submissions, or reputation, arising out of or related to your use of or inability to use the website.
To the maximum extent permitted by applicable law, Smart Project’s total aggregate liability for all claims arising out of or related to the website or these Terms will not exceed CHF 100.
Nothing in these Terms excludes or limits liability where such exclusion or limitation is not permitted by applicable law, including liability for fraud, wilful misconduct, gross negligence, death or personal injury caused by negligence, or mandatory consumer rights that cannot be waived.
24. Indemnification
To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless Smart Project, its directors, officers, employees, contractors, affiliates, advisers, and partners from and against any claims, damages, losses, liabilities, penalties, costs, and expenses, including reasonable legal fees, arising out of or related to:
(a) your breach of these Terms;
(b) your misuse of the website;
(c) any information, file, CV, referral, publishing proposal, game submission, link, build, pitch deck, or other material you submit;
(d) your infringement or alleged infringement of third-party rights;
(e) your violation of applicable law, platform rules, sanctions, export control restrictions, or contractual obligations;
(f) your unauthorised submission of another person’s or company’s information.
25. Export control and sanctions
You must not use the website, submit proposals, submit games, or engage with Smart Project in violation of applicable sanctions, export control laws, trade restrictions, anti-bribery laws, or anti-money laundering laws.
You confirm that you are not located in, organised under the laws of, acting on behalf of, owned or controlled by, or otherwise associated with any person, entity, or territory subject to sanctions or trade restrictions that would prohibit Smart Project from dealing with you.
Smart Project may screen submissions, counterparties, companies, beneficial owners, payment recipients, and partners against applicable sanctions and restricted party lists. We may reject, suspend, or terminate communications or cooperation where required or appropriate for compliance reasons.
26. Consumer rights
These Terms are not intended to limit any mandatory consumer rights that cannot be excluded under applicable law.
The Website itself is provided for informational, recruitment, contact, publishing, game submission, and business communication purposes only.
Any access to, download, installation, use, gameplay, purchases, subscriptions, refunds, in-app purchases, virtual items, cancellation rights, technical support, account-related matters, or other consumer issues relating to a specific game, application, or product of the Company shall be governed by the terms and policies applicable to that specific game, application, or product, including any game-specific terms of use, end-user licence agreement, privacy notice, refund policy, and the terms and rules of the relevant app store or platform.
27. Changes to these Terms
We may update these Terms from time to time for legal, regulatory, operational, technical, security, business, or website-related reasons.
The updated version will be posted on the website with a new effective date. Your continued use of the website after the updated Terms become effective means that you accept the updated Terms.
If you do not agree to the updated Terms, you should stop using the website and should not submit any further forms or materials.
28. Governing law and disputes
These Terms are governed by the laws of Switzerland, without regard to conflict of law rules.
Unless otherwise required by applicable mandatory law, the courts of Switzerland shall have jurisdiction over any disputes arising out of or in connection with these Terms or the website.
Before filing a claim, you agree to first contact us at info@smartproject.com and try to resolve the matter informally. We will try to review and respond to reasonable legal or business concerns in good faith.
29. Severability
If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
30. No waiver
If we do not enforce any provision of these Terms immediately, this does not mean that we waive our right to enforce it later.
31. Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
Smart Project may assign or transfer these Terms in connection with a merger, acquisition, restructuring, sale of assets, corporate reorganisation, group transfer, or by operation of law.
32. Entire agreement
These Terms, together with any specific form terms, Privacy Policy, Cookie Policy, and any other policies expressly referenced in them, form the entire agreement between you and Smart Project regarding your use of the website.
They do not replace any separate written agreement signed between you and Smart Project, including an NDA, publishing agreement, employment agreement, contractor agreement, licence agreement, investment agreement, or game-specific agreement.
33. Contact
If you have questions about these Terms, please contact us at:
Smart Project GmbH
Albitweg 11, 3095 Spiegel b. Bern, Switzerland
Email: info@smartproject.com
Career inquiries: job@smartproject.ua