Terms and Conditions

1. Eligibility

You must be at least 18 years old, or the legal age required in your jurisdiction, to use the platform. By using SmashPoints, you represent and warrant that you satisfy these eligibility requirements and have legal capacity to enter into these Terms.

2. Platform Nature

SmashPoints is a digital platform that may provide access to closed-loop points, NFT-linked utility, digital content, platform features, promotions, rewards, and related services.

At a high level, the structure referred to on the platform is not a tradable token in the open market, but a closed-loop points system used purely for platform utility within the operator ecosystem.

The intended logic is as follows:

• users may pay through available payment methods within the platform
• users may receive platform points or NFT-linked points in their account
• those points may be used only within the ecosystem for defined utility, such as access, gameplay, top-up, rewards, purchases, or other internal platform functions
• the points are not redeemable on a secondary market, are not designed for speculative trading, and do not function as a freely transferable monetary instrument
• their purpose is utility within the platform only, in a closed-loop environment

Accordingly, “points” means a digital utility unit that:

• has no independent monetary value outside the platform
• cannot be openly traded as a financial asset
• remains closed-loop within the operator ecosystem
• is used only for internal services, engagement, and consumption

3. No Monetary or Investment Rights

Unless expressly stated otherwise in writing:

• points do not constitute currency, e-money, stored value, deposits, securities, commodities, or financial instruments
• points are not redeemable for cash or fiat value
• points are not intended for speculation, resale, or investment purposes
• points do not grant ownership, equity, profit-sharing, governance, or similar rights in SmashPoints or any affiliated entity

4. Account Registration

To access certain features, you may be required to create an account. You agree to:

• provide accurate, current, and complete information
• maintain and promptly update your information
• keep your credentials secure
• accept responsibility for all activity under your account

We reserve the right to suspend, restrict, or terminate accounts that contain false information, violate these Terms, or create risk for the platform.

5. Payments and Purchases

You may be able to purchase platform utility, access rights, points, NFT-linked features, or digital content through supported payment methods.

By making a purchase, you agree that:

• all payment information you provide is accurate and authorized
• transactions may be processed by third-party payment providers
• pricing, availability, and purchase terms may change at any time
• purchases are subject to these Terms and the Refund Policy

6. Closed-Loop Points Rules

Any points, credits, or similar digital utility made available through SmashPoints are subject to the following rules unless expressly stated otherwise:

• they may be used only within the platform ecosystem
• they are non-transferable except where the platform expressly allows limited internal transfer
• they are not withdrawable for fiat or crypto
• they may not be listed, sold, assigned, pledged, or traded on any secondary market
• they may be modified, limited, expired, revoked, or discontinued in accordance with platform rules, promotions, abuse prevention, legal obligations, or operational requirements

Users may use points only within the platform ecosystem for defined utility purposes, including:

• social gameplay
• access to premium or gated features
• tournament, contest, or campaign participation
• digital purchases within the platform
• loyalty, membership, or VIP benefits
• promotional rewards or bonus features
• access to special events, experiences, or themed content
• user engagement features, progression mechanics, or account-level benefits
• other internal platform functions designated by SmashPoints

For clarity, points are intended solely for internal platform utility and may not be redeemed for cash, withdrawn, or used outside the ecosystem except where expressly permitted by SmashPoints.

7. NFT-Linked Utility

Where the platform uses NFTs or NFT-linked features, such items are intended to represent access, utility, membership, participation, collectibility, or other platform-based functionality only, unless explicitly stated otherwise.

Ownership or possession of an NFT or related digital item does not by itself grant:

• any intellectual property ownership rights, except for limited rights expressly granted
• any guarantee of continued value, resale market, liquidity, or appreciation
• any promise of profits, returns, or investment opportunity

8. Refunds

All purchases are subject to the Refund Policy posted on smashpoints.xyz. Unless otherwise required by applicable law, purchases of digital goods, platform utility, points, access rights, and related services are generally final and non-refundable once delivered, activated, or used.

9. Acceptable Use

You agree not to:

• use the platform for unlawful, fraudulent, deceptive, or abusive purposes
• infringe the rights of others, including intellectual property, privacy, publicity, or contractual rights
• interfere with platform security, operations, or integrity
• attempt to bypass platform controls, restrictions, or technical protections
• use bots, scripts, automation, or exploits in a manner not expressly authorized
• engage in chargeback abuse, payment fraud, account farming, wash activity, or manipulation of promotions, rewards, or marketplace activity
• upload, post, or distribute unlawful, harmful, defamatory, infringing, or otherwise objectionable content

10. User Content

If you upload, submit, post, mint, list, or otherwise make content available through the platform, you represent and warrant that:

• you have all rights and permissions necessary to do so
• your content does not infringe any third-party rights
• your content complies with these Terms and applicable law

You grant SmashPoints a non-exclusive, worldwide, royalty-free license to host, use, display, reproduce, and distribute such content as necessary to operate, improve, promote, secure, and administer the platform.

11. Intellectual Property

All platform content, branding, software, interfaces, graphics, text, designs, trademarks, and related materials are owned by SmashPoints or its licensors and are protected by applicable intellectual property laws.

Except as expressly permitted, you may not copy, reproduce, modify, distribute, sell, license, reverse engineer, or exploit any portion of the platform without prior written consent.

12. Third-Party Services

The platform may integrate with or link to third-party services, payment processors, wallets, marketplaces, hosting providers, analytics tools, or other providers. SmashPoints is not responsible for third-party services or their acts or omissions.

Your use of third-party services may be subject to separate terms and policies.

13. Compliance and Enforcement

We may monitor, investigate, restrict, suspend, remove, or terminate access to accounts, content, transactions, points, listings, or features where we believe, in our sole discretion, that such action is necessary to:

• comply with legal, regulatory, or contractual obligations
• enforce these Terms or platform policies
• prevent fraud, abuse, infringement, or security threats
• protect users, the platform, or third parties

14. Suspension and Termination

We may suspend or terminate your access to the platform at any time, with or without notice, where permitted by law, including if you violate these Terms or create legal, compliance, operational, or reputational risk.

15. Disclaimers

The platform is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, SmashPoints disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and uninterrupted availability.

We do not guarantee that:

• the platform will always be available, uninterrupted, or error-free
• any points, NFTs, features, or services will retain ongoing availability or utility
• any digital item will have resale value, market demand, or liquidity
• the platform will be free from vulnerabilities, delays, or third-party disruptions

16. Limitation of Liability

To the fullest extent permitted by law, SmashPoints and its affiliates, officers, directors, employees, contractors, licensors, and partners shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages.

To the fullest extent permitted by law, the total liability of SmashPoints for any claim arising out of or relating to the platform or these Terms shall not exceed the greater of:

• the amount you paid to SmashPoints in the 3 months preceding the claim, or
• USD $100

17. Indemnification

You agree to defend, indemnify, and hold harmless SmashPoints and its affiliates, officers, directors, employees, contractors, and partners from and against any claims, liabilities, damages, losses, costs, and expenses arising out of or related to:

• your use of the platform
• your violation of these Terms
• your violation of any law or third-party rights
• your content, conduct, transactions, or activities on the platform

18. Changes to the Platform

We reserve the right to modify, suspend, discontinue, or restrict any part of the platform, including features, points systems, rewards structures, access models, listings, integrations, or content, at any time without liability.

19. Changes to These Terms

We may revise these Terms from time to time. Updated Terms will be posted on smashpoints.xyz with a revised effective date. Your continued use of the platform after updated Terms become effective constitutes acceptance of the revised Terms.

20. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to conflict of law principles.

21. Dispute Resolution

Any dispute arising out of or relating to these Terms or the platform shall be resolved in the state or federal courts located in Wyoming, United States, unless applicable law requires otherwise.

22. Contact

For questions regarding these Terms, contact:

• Email: compliance@smashpay.io
• Address: 30 N Gould St., Ste R Sheridan, WY 82801-6317