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").
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:
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.
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.
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:
It is the User’s responsibility to take this into account before selecting a Subscription.
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.
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.
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.
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.
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.
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.
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.
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.
To create a User account and subscribe, you must accept our Privacy Policy.
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.
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.