End-User License Agreement
PLEASE READ THE FOLLOWING CAREFULLY BEFORE INSTALLING AND/OR USING THE EXTENSION.
By clicking the "Accept" or "OK" button, or by installing and/or using the Smartadblocker web browser extension (the "Extension"), you expressly acknowledge and agree that you are entering into a legal agreement with Xtenza Tech Pvt Ltd. ("Xtenza Tech", "we", "us" or "our"), and have understood and agree to comply with, and be legally bound by, the terms and conditions of this End-User License Agreement ("Agreement"). You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by this Agreement, please do not download, install or use the Extension.
1. Ability to Accept.
To use Smartadblocker, you confirm you are at least thirteen (13) years old. If you are between thirteen (13) and eighteen (18) years of age, you must have your parent or legal guardian review and agree to these terms before you install or use the Extension. Their understanding and acceptance are required for you to proceed.
2. License.
Xtenza Tech Pvt Ltd. grants you a specific permission, or "License," to use the Extension. This License is strictly for your personal use, can be withdrawn by us, and cannot be transferred, sold, or given to anyone else. It allows you to download, install, and operate the Extension on any desktop computer, laptop, mobile phone, tablet, or other device you own or control, provided Xtenza Tech Pvt Ltd. supports the Extension for that particular device. You may also use the Extension with your web browser on such devices, always adhering to this Agreement and any associated Usage Rules or Browser Terms (which will be defined later).
3. Data Collection Upon Uninstall/Donation.
Should you choose to uninstall Smartadblocker or make a donation, you'll be directed to a webpage designed for that purpose. During this process, certain non-personally identifiable technical details are automatically gathered. This includes information like your browser's language, the Smartadblocker extension's name and version, your browser type and version, your operating system and its version, and specifics about how Smartadblocker was configured (such as filter list versions or if certain subscriptions were active) at the time of uninstallation. You'll also have the option to voluntarily share your reason for uninstalling. We gather these insights solely to enhance and improve Smartadblocker.
4. Restrictions on Your License.
You explicitly agree not to perform, nor allow any other party to perform, any of the following actions concerning the Extension:
- (i) You may not grant sublicenses for, redistribute, market, rent, lend, or lease the Extension to others.
- (ii) You are prohibited from making the Extension accessible on a network in a way that allows simultaneous use by multiple devices belonging to different individuals.
- (iii) You shall not take apart, reverse engineer, decompile, decrypt, or attempt to extract the underlying source code of the Extension.
- (iv) Other than for necessary backup copies, you are not permitted to reproduce, alter, enhance, or create any new works based on the Extension or any part of it.
- (v) You must not bypass, disable, or otherwise interfere with any security measures integrated into the Extension, nor with features that restrict its use, prevent content copying, or enforce usage limitations.
- (vi) You are forbidden from removing, changing, or concealing any proprietary marks or identifiers, including copyright, trademark, patent, or other notices, that are part of, displayed on, or accessed through the Extension.
- (vii) Any communication features within the Extension shall not be used to transmit unsolicited or unauthorized commercial messages.
- (viii) You may not use the Xtenza Tech Pvt Ltd. name, logo, or any associated trademarks without our express written permission.
- (ix) You are prohibited from using the Extension to violate any applicable laws, rules, or regulations, or for any illegal, damaging, careless, or unsuitable purpose, or in any way that constitutes a breach of this Agreement.
5. User Account.
To access certain functionalities within the Extension, you might be required to set up or utilize a personal user account ("Account"). Should you establish an Account, you are obligated to furnish precise and complete details about yourself as prompted by the Extension. Please be aware that if you opt not to create an Account, some specific capabilities and designated features ("Features") of the Extension may not be accessible to you.
6. Governing Usage Guidelines and Browser Provisions.
Please be aware that if you obtain the Extension from an external platform or vendor (a "Distributor"), that Distributor may have established specific rules governing your use of the Extension (referred to as "Usage Guidelines"). For instance, relevant Usage Guidelines may include the Google Chrome Web Store Policies, accessible at:
https://policies.google.com/terms, and the Firefox Browser Terms of Service, found at https://www.mozilla.org/en-US/about/legal/terms/mozilla/, though other Usage Guidelines might apply depending on where you acquired the Extension.
Furthermore, your ability to use the Extension is also governed by the specific terms and conditions applicable to your web browser (these are your "Browser Provisions"). You confirm that, before downloading the Extension: (i) you have had the opportunity to examine and understand, and agree to abide by, all relevant Usage Guidelines and Browser Provisions. The Usage Guidelines and Browser Provisions pertinent to your use of the Extension are hereby incorporated into this Agreement by reference. You attest that no applicable Usage Guidelines, Browser Provisions, and/or existing law prevent you from using the Extension; should you be unable to make such an affirmation, you are prohibited from installing or using the Extension.
7. Compliance with External Terms.
You are expressly forbidden from utilizing the Extension in any manner that infringes upon the terms and conditions established by any third-party websites you access while the Extension is active, or that violates the legal rights of any third parties. Any instance of such use of the Extension falls under your exclusive liability and responsibility.
8. External Content and Providers.
8.1. The Extension enables you to access, view, link to, and make use of material originating from external providers (as defined below), which are not owned or controlled by us ("External Content"). An "External Provider(s)" refers to: (i) websites and services operated by third parties; and (ii) our collaborative partners and clientele.
8.2. We have no association with, nor do we exercise control over, any External Providers. We explicitly disclaim all responsibility for the content, terms of service, privacy policies, actions, or operational practices of any External Providers. We strongly advise you to review the terms of service and privacy policy of any External Provider you intend to engage with before proceeding with any such interaction.
8.3. We bear no responsibility for, and explicitly disclaim all guarantees regarding, the accuracy, suitability, utility, security, or Intellectual Property Rights (as defined elsewhere in this Agreement) pertaining to any External Content.
8.4. We do not endorse any advertisements, promotions, campaigns, products, services, or other materials found within any External Content or communicated to you by an External Provider.
8.5. By utilizing the Extension, you may encounter External Content that could be inaccurate, offensive, inappropriate, or otherwise objectionable. You retain the full discretion to decide whether or not to engage with an External Provider or to view and use External Content. Your engagement with any External Provider and your reliance upon, or use of, any External Content is entirely at your own judgment and risk.
8.6. You assume sole responsibility and liability for your interactions with any External Provider. You agree to relinquish, and by this document do relinquish, any legal or equitable rights or remedies you might possess against Xtenza Tech Pvt Ltd., and you hereby release Xtenza Tech Pvt Ltd. from any and all liability arising from your use of and interaction with any External Content, as well as from your engagement with any External Provider. Should you have any inquiries or grievances concerning an External Provider or any External Content, you agree to contact the relevant External Provider directly.
9. Proprietary Rights.
9.1. Ownership and Retention.
The Extension is provided to you under a license agreement, not as a sale. You acknowledge that Xtenza Tech Pvt Ltd. and its suppliers of licensed materials maintain all legal title, ownership interests, and Intellectual Property Rights (as defined below) in and to the Extension (including its underlying software). We explicitly retain all rights concerning the Extension that are not specifically granted to you within this Agreement. "Intellectual Property Rights" encompasses any and all rights related to trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar proprietary rights, as well as any moral rights, privacy rights, publicity rights, and comparable entitlements of any kind, under the laws or regulations of any governmental, regulatory, or judicial authority, whether domestic or foreign.
9.2. Content Elements.
The elements comprising the Extension, including but not limited to text, data, documents, descriptions, products, software, graphics, photographs, audio files, video clips, interactive functionalities, and services (collectively, the "Materials"), alongside the trademarks, service marks, and logos embedded within ("Marks," and collectively with the Materials, the "Content"), belong to Xtenza Tech Pvt Ltd. and/or its licensors. This Content may be safeguarded by applicable copyright or other intellectual property statutes and international agreements. "Xtenza Tech Pvt Ltd." and the Xtenza Tech Pvt Ltd. logo are Marks owned by Xtenza Tech Pvt Ltd. and its affiliated entities. All other Marks utilized within the Extension are the trademarks, service marks, or logos of their respective proprietors.
9.3. Content Utilization.
All Content accessible through the Extension is made available to you on an "as is" basis strictly for your personal, non-commercial use. It is strictly prohibited to use, replicate, distribute, transmit, broadcast, display, sell, license, decompile, or otherwise exploit this Content for any other purpose whatsoever without our prior written authorization. Should you download or print any portion of the Content, you must ensure that all copyright and other proprietary notices contained therein are retained.
10. Charges for Connectivity.
Kindly be aware that your operation of the Extension (much like your web browser) may necessitate and utilize an internet connection or data access. Should any charges for your internet or data usage be applied by a third-party service provider or telecommunications carrier, you explicitly agree to bear sole responsibility for such charges.
11. Content Accuracy Disclaimer.
We strive for the utmost accuracy in the information presented. However, we cannot guarantee, nor do we warrant, that the content available through the Extension is entirely accurate, complete, dependable, up-to-date, or free of errors. We retain the right to modify or update any part of the content, or the content in its entirety, without prior or subsequent notification to you regarding such alterations.
12. Privacy Practices.
Any personal information we may gather or acquire in connection with the Extension will be handled strictly in accordance with our dedicated privacy policy, which is accessible at https://smartadblocker.com/privacy-policy ("Privacy Policy"). By proceeding, you consent to our handling of your data as outlined therein. Furthermore, please be advised that certain personal and other information you provide while using the Extension might be stored directly on your Device (even if we do not actively collect that specific information). You bear sole responsibility for safeguarding your Device against unauthorized access.
13. Government Usage.
If you are an agency, department, or any other entity of the United States Government ("Government"), your use, duplication, reproduction, release, modification, disclosure, or transfer of the Extension is subject to restrictions as mandated by the Federal Acquisition Regulations for civilian agencies and the Defense Federal Acquisition Regulation Supplement for military agencies. The Extension qualifies as a "commercial item," "commercial computer software," and "commercial computer software documentation." In adherence to these provisions, any use of the Extension by the Government shall be governed exclusively by the terms set forth in this Agreement.
14. Disclaimer of Warranties.
14.1. THE EXTENSION IS FURNISHED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND WHATSOEVER. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY EXPRESSED OR IMPLIED REPRESENTATIONS, GUARANTEES, AND CONDITIONS CONCERNING MERCHANTABILITY, SUITABILITY FOR A SPECIFIC PURPOSE, TITLE, NON-INFRINGEMENT OF RIGHTS, OR THOSE ARISING FROM STATUTE, COURSE OF DEALING, OR TRADE USAGE.
14.2. While the Extension is designed to block unwanted content and enhance your privacy, we cannot and do not guarantee that the Extension will successfully prevent the display of all such undesirable material or provide absolute protection for your privacy against third parties.
14.3. WE DO NOT WARRANT THAT THE EXTENSION WILL OPERATE WITHOUT ERRORS, THAT IT IS FREE FROM VIRUSES OR OTHER MALICIOUS CODE, OR THAT WE WILL CORRECT ANY DEFECTS WITHIN THE EXTENSION. YOU AGREE THAT WE WILL NOT BE HELD ACCOUNTABLE FOR ANY ADVERSE EFFECTS OR DAMAGES TO YOU OR ANY OTHER PARTY THAT MAY ARISE FROM TECHNICAL ISSUES, INCLUDING, BUT NOT LIMITED TO, PROBLEMS RELATED TO THE INTERNET (SUCH AS SLOW CONNECTIONS, NETWORK CONGESTION, OR OVERLOADS OF OUR SERVERS OR THOSE OF OTHERS) OR ANY TELECOMMUNICATIONS OR INTERNET SERVICE PROVIDERS.
14.4. SHOULD YOU BE INVOLVED IN A DISPUTE WITH ANY OTHER USER OF THE EXTENSION, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR ANY CLAIMS OR DAMAGES RESULTING FROM OR CONNECTED TO SUCH A DISPUTE. WE RETAIN THE OPTION, BUT ARE UNDER NO OBLIGATION, TO MONITOR ANY SUCH DISAGREEMENTS.
14.5. Certain jurisdictions may not permit the exclusion of particular warranties; therefore, to that extent, such exclusions may not apply to you.
15. Limits on Our Liability.
15.1. UNDER NO CIRCUMSTANCES WHATSOEVER WILL XTENZA TECH PVT LTD. BE HELD RESPONSIBLE FOR ANY UNIQUE, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, NOR FOR ANY LOSS OF DATA, REVENUE, BUSINESS OPPORTUNITIES, OR REPUTATION, THAT ARISES FROM OR IS CONNECTED WITH THIS AGREEMENT, OR THAT RESULTS FROM YOUR USE OF, OR YOUR INABILITY TO USE, THE EXTENSION.
15.2. REGARDLESS OF THE CIRCUMSTANCES, THE TOTAL CUMULATIVE LIABILITY OF XTENZA TECH PVT LTD. ARISING UNDER OR IN RELATION TO THIS AGREEMENT, OR FROM YOUR USE OF OR INABILITY TO USE THE EXTENSION, SHALL NOT IN ANY EVENT EXCEED THE TOTAL SUMS, IF ANY, ACTUALLY REMITTED BY YOU TO XTENZA TECH PVT LTD. FOR THE USE OF THE EXTENSION WITHIN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH A CLAIM IS INITIATED.
15.3. THE AFOREMENTIONED LIMITATIONS AND EXCLUSIONS IN THIS SECTION 15 SHALL REMAIN APPLICABLE: (i) EVEN IF XTENZA TECH PVT LTD. HAS BEEN INFORMED OF THE POTENTIAL FOR SUCH DAMAGES OR LOSSES; (ii) EVEN IF ANY REMEDY PROVIDED HEREIN FAILS OF ITS CORE INTENDED PURPOSE; AND (iii) IRRESPECTIVE OF THE UNDERLYING LEGAL BASIS OR THEORY OF LIABILITY.
16. Indemnification.
You hereby agree to protect, indemnify, and hold harmless Xtenza Tech Pvt Ltd., our affiliated entities, and our respective officers, directors, employees, and agents, from any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including, but not limited to, legal fees for attorneys) that arise from: (i) your utilization of, or inability to utilize, the Extension; (ii) any breach by you of the terms of this Agreement; and (iii) any infringement by you of the rights of a third party, including, without limitation, any copyright, property, or privacy rights. Without diminishing or excusing your obligations under this Section 16, we reserve the option (at your expense), but are not obligated, to undertake the exclusive defense and management of any matter that is subject to your indemnification, should you choose not to defend or settle it. You further agree not to settle any matter subject to your indemnification without first securing our explicit consent.
17. Adherence to Export Regulations.
You commit to fully comply with all applicable laws and regulations governing exports to ensure that neither the Extension nor any related technical data is exported or re-exported, directly or indirectly, in violation of, or employed for any purposes prohibited by, such legislation and rules.
18. Revisions and Enhancements.
We may, from time to time, issue revisions or enhancements to the Extension (each referred to as a "Revision"), but we are under no obligation to do so. Such Revisions will be delivered in accordance with our prevailing policies, which may include automatic updating or upgrading without requiring any additional notification to you. You provide your consent for the automatic updating or upgrading of the Extension. All references in this document to the Extension shall encompass any Revisions. This Agreement shall govern any Revisions that either supersede or complement the original Extension, unless a Revision is accompanied by its own distinct license agreement, which would then govern that specific Revision. If you disable or disallow automatic updates for the Extension, or if you fail to install updates to the Extension as we or the Extension may direct, you might be prevented from using certain "Features" of the Extension, or the Extension may cease to function correctly or at all.
19. Agreement Duration and Ending the Agreement.
19.1. Duration and Termination Rights.
This Agreement will remain in effect until either you or we decide to terminate it. We maintain the right, at any time, to: (i) cease offering or make changes to any feature of the Extension; and/or (ii) end this Agreement and your permission to use the Extension, with or without providing a reason. We will not be held accountable to you or any other party for any of these actions. If you disagree with any part of this Agreement or any future changes, or if you become unhappy with the Extension for any reason, your sole option is to stop using the Extension immediately.
19.2. What Happens When it Ends.
Once this Agreement is terminated, you must immediately stop all use of the Extension.
19.3. Clauses That Remain in Effect.
Even after this Agreement ends, this Section 19 will continue to apply. Additionally, Sections 8 (External Content and Providers), 9 (Proprietary Rights), 12 (Privacy Practices), 14 (Disclaimer of Warranties), 15 (Limits on Our Liability), 16 (Indemnification), and any sections from 20 (Assignment) through 23 (General) will also remain valid and enforceable.
20. Transfer of Rights.
You're not allowed to transfer or assign this Agreement, or any rights and licenses given to you under it. However, Xtenza Tech Pvt Ltd. can assign this Agreement without any restrictions or needing to tell you. Any attempt by you to transfer or assign it without permission will be completely invalid.
21. Changes to This Agreement.
We might change this Agreement at any time. We'll let you know about these changes by sending an in-Extension notification and/or by posting the updated Agreement on the Extension itself. Any changes will become active ten (10) days after we notify you, and if you keep using the Extension after that, it means you agree to the changes.
22. Governing Law and Resolving Disputes.
This Agreement and any disagreements related to the Extension or this Agreement will be governed by and interpreted according to the laws of India, without considering its rules on conflicts of laws and you give up any objections to these courts based on jurisdiction, location, or inconvenience. Despite this, we can still seek immediate legal action (injunctive relief) in any jurisdiction if needed.
23. General Provisions.
This Agreement, along with any other legal notices we publish for the Extension, represents the complete understanding between you and Xtenza Tech Pvt Ltd. about the Extension. If there's a conflict between this Agreement and any other legal notices, the terms of that specific notice will apply for the matter it covers. No changes to this Agreement will be binding unless they are in writing and signed by Xtenza Tech Pvt Ltd.
If a court with the proper authority finds any part of this Agreement to be invalid: (i) that invalid part won't affect the validity of the rest of the Agreement, which will stay fully in force; and (ii) the invalid part will be replaced with a provision that comes as close as possible to its original legal and financial meaning.
If we don't enforce any part of this Agreement, it doesn't mean we're giving up that right or any other right or term in the future. Any waiver of terms must be in writing and signed by the party giving it up. All headings and subheadings in these terms are just for convenience and shouldn't be used to interpret the terms themselves.
YOU AGREE THAT ANY LEGAL ACTION YOU WANT TO TAKE RELATED TO THE EXTENSION MUST BE STARTED WITHIN ONE (1) YEAR AFTER THE EVENT CAUSING THE ACTION OCCURS. OTHERWISE, YOU WILL BE PERMANENTLY BARRED FROM BRINGING SUCH A LAWSUIT.