Terms & Conditions and End-User License Agreement (EULA)

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Effective Date: March 11, 2026

Company: Smash Communications Ltd., Malta

By downloading, installing, or using the Smash Player mobile application (the "App"), you agree to be bound by the terms of this Agreement. If you do not agree to these terms, do not install or use the App.

Smash Communications Ltd. grants you a revocable, non-exclusive, non-transferable, limited license to download, install, and use the App strictly for your personal, non-commercial viewing and listening purposes, in accordance with these Terms.

The App and its broadcasting content (live television, radio streams, and associated channels) are strictly limited to users physically located within the Republic of Malta.

• Access to the App’s streaming services requires a valid Maltese IP address.
• You agree not to use virtual private networks (VPNs), proxy servers, or any other location-masking technology to bypass or attempt to bypass these geographical restrictions.
• Smash Communications Ltd. reserves the right to immediately terminate access if location spoofing or circumvention is detected.

The App is hosted independently and is not distributed through official application stores (such as Google Play).

• You acknowledge that enabling "Install from Unknown Sources" on your device is done entirely at your own risk.
• You are solely responsible for ensuring you download the App directly from the official Smash Communications Ltd. website.
• Smash Communications Ltd. assumes no responsibility for unauthorized, modified, or corrupted versions of the App obtained from third-party sources.

Smash Communications Ltd. may release updates to improve performance, add features, or enhance security.

• Because the App is independently hosted, it is your responsibility to manually download and install updates from our official website.
• We reserve the right to modify, suspend, or discontinue the App or any specific streams at any time without prior notice.

By using this App, you confirm that you are at least 18 years of age, or that you have obtained the consent of a parent or legal guardian who agrees to be bound by these Terms. Smash Communications Ltd. is not responsible for minors accessing broadcast content that may be intended for mature audiences.

All intellectual property rights, including but not limited to copyrights, trademarks, and broadcasting rights in the App and its content, belong to Smash Communications Ltd. or its licensors.

• You may not copy, modify, distribute, sell, or lease any part of the App or its content.
• You may not record, stream, capture, rip, or otherwise redistribute the audio or video broadcasts provided through the App.
• Reverse-engineering or attempting to extract the source code of the App is strictly prohibited.

The App may provide access to secondary online channels or content streams that are not directly produced by Smash Communications Ltd.

• Smash Communications Ltd. does not endorse, control, or take responsibility for the accuracy, legality, or availability of third-party content.
• We are not liable for any interruptions, downtime, or discontinuation of third-party streams.

You agree not to use the App in any way that could disable, overburden, or impair our streaming servers. This includes, but is not limited to, using automated scripts, scrapers, or bots to access the streams, or attempting a Denial of Service (DoS) attack against our infrastructure.

Streaming high-quality video and audio consumes significant amounts of data. You are solely responsible for any internet connection fees, mobile data charges, or overage penalties incurred from your Internet Service Provider (ISP) or mobile operator while using the App.

The App is provided to you "AS IS" and "AS AVAILABLE," with all faults and without warranty of any kind.

• Smash Communications Ltd. does not guarantee that the App will function uninterrupted, be completely error-free, or be compatible with all device hardware and operating system versions.
• We explicitly disclaim any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

To the maximum extent permitted by applicable law, in no event shall Smash Communications Ltd., its directors, employees, or affiliates be liable for any special, incidental, indirect, or consequential damages whatsoever. This includes, but is not limited to:

• Damages for loss of profits or data.
• Device malfunction, hardware damage, or system conflicts arising from the installation or use of the App.
• Any claims brought forward by third parties.

To enforce our geographical restrictions, the App must process your device's current IP address. This data is used solely for real-time location verification and stream authorization. It is not sold to third parties. 

Smash Communications Ltd. reserves the right to modify these Terms at any time. Any changes will be posted on our official website or within the App. Your continued use of the App following the posting of changes constitutes your acceptance of the revised Terms.

This Agreement shall be governed by and construed in accordance with the laws of the Republic of Malta. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Courts of Malta.

For any questions regarding these Terms, technical support, or licensing inquiries, please direct all communication through our official contact page: https://smashmalta.com/contact

Effective Date: March 11, 2026

Data Controller: Smash Communications Ltd., Malta

Smash Communications Ltd. ("we," "us," or "our") respects your privacy and is committed to protecting your personal data. This Privacy Policy explains how we collect, use, and safeguard your information when you use the Smash Player mobile application (the "App").

To provide you with live television and radio broadcasts without requiring you to create a traditional user account, we process specific technical and usage data.

The data we process includes:

• Your Internet Protocol (IP) address.
• Browser and Player Information: This includes technical data such as your device type, operating system, and the specific version of the Smash Player app you are using.
• Connection Logs and Viewing Habits: We log all connections made to our streaming servers. This includes timestamps, the duration of your session, and the specific television channels, radio stations, or online streams you choose to access.

We do not ask for your name, email address, phone number, or physical address to use the standard broadcasting features of the App.

We process your data for the following specific purposes:

• Geolocking (Location Verification): Our broadcasting licenses and rights restrict the distribution of our live streams to the Republic of Malta. When you open the App or request a stream, our servers check your IP address in real-time to verify that you are physically located in Malta.
• Analytics and Audience Monitoring: We monitor viewing habits and log connection data to understand our audience's preferences. This helps us analyze the popularity of specific channels or broadcasts, evaluate peak viewing times, and improve our overall service and content offerings.
• Stream Optimization and Compatibility: We use your browser/player information to ensure our audio and video streams format correctly for your specific device, and to troubleshoot any technical streaming issues.
• Security and Network Protection: We use this technical data to detect and prevent malicious activities, such as Denial of Service (DoS) attacks, automated scraping, or unauthorized circumvention of our geoblocking systems.

Under the General Data Protection Regulation (GDPR), our legal basis for processing your IP address, technical device information, and viewing habits is our Legitimate Interest (Article 6(1)(f) GDPR). We have a legitimate business interest in protecting our licensed broadcasting rights, understanding our audience to improve our media services, ensuring technical compatibility, and maintaining the security of our streaming servers.

• Server Logs and Analytics: We log all connections to our streaming servers. This connection data (including your IP address, player info, and the streams you access) is stored in our secure server logs to monitor viewing habits, analyze network traffic, and troubleshoot technical issues.
• Data Minimization: While we monitor viewing habits based on these connection logs, we do not link this data to personally identifiable profiles containing your name or email, as the App does not require user registration. Data is retained only for as long as necessary to fulfill the analytics, security, and operational purposes outlined in this policy.

We do not sell, rent, or share your connection logs or personal data with third-party advertisers or marketing agencies. Your data is only shared with trusted third-party service providers (such as secure hosting providers or Content Delivery Networks) strictly necessary to deliver the streaming content to your device and maintain our server infrastructure.

Under the GDPR, you have certain rights regarding your personal data. Because we process technical and viewing data without linking it to a registered user account, our ability to fulfill some requests (like providing a complete copy of a specific individual's viewing history) may be legally and technically limited. However, your general rights include:

• The Right to Access: You have the right to request information about the data we process.
• The Right to Erasure: You can request that we delete data we hold about you (subject to legal and security retention requirements).
• The Right to Object: You can object to our processing of your data. (Note: Objecting to IP processing will render the App non-functional, as we cannot verify your location to provide the streams).
• The Right to Lodge a Complaint: If you believe your data privacy rights have been violated, you have the right to lodge a complaint with the Information and Data Protection Commissioner (IDPC) in Malta.

We may update this Privacy Policy from time to time to reflect changes in our practices or legal requirements. We will notify you of any significant changes by posting the new Privacy Policy on our website or within the App.

If you have any questions or concerns about this Privacy Policy or how we handle your data, please reach out to us through our official contact page: https://smashmalta.com/contact