Terms of Service

Last Updated: March 15, 2026

These Terms of Service (“Terms”) govern your access to and use of the SmartClaw website,
mobile application, and related services (collectively, the “Services”). By accessing or
using the Services, you agree to be bound by these Terms. If you do not agree to these
Terms, do not use the Services.

Table of Contents

  1. Agreement to These Terms
  2. Our Services
  3. Eligibility and Accounts
  4. Plans, Billing, and Add-Ons
  5. Acceptable Use
  6. Security and Account Responsibility
  7. User Data and Operator Data
  8. Privacy
  9. Intellectual Property
  10. Feedback
  11. Third-Party Services and Integrations
  12. Service Availability and Changes
  13. Termination
  14. Disclaimers
  15. Limitation of Liability
  16. Indemnification
  17. Governing Law
  18. Dispute Resolution
  19. Miscellaneous
  20. Contact Us

1. Agreement to These Terms

These Terms are a legally binding agreement between you and Family Fun and Games, the owner
and operator of SmartClaw. By creating an account, accessing, or using the Services, you
confirm that you have read, understood, and agree to these Terms.

We may update these Terms from time to time. If we make material changes, we may provide
notice through the Services, by email, or by updating the “Last Updated” date above.
Your continued use of the Services after any updated Terms become effective means you accept
the revised Terms.

2. Our Services

SmartClaw is a software platform built for claw machine and arcade operators to simplify
route management, speed up collections, and help maximize profitability.

SmartClaw is owned and operated by Family Fun and Games. The SmartClaw
software may also be distributed, promoted, or offered through partners, including
CandyMachines.com.

The Services may include machine management tools, location management, route planning,
service notes, collections tracking, user administration, reporting, media uploads, device
provisioning, and third-party integrations.

The Services are intended for internal business and operational use. You are responsible for
ensuring that your use of the Services complies with all applicable laws and regulations.

3. Eligibility and Accounts

You must be at least 18 years old and capable of forming a binding contract to use the
Services.

When you create an account, you agree to:

  • Provide accurate, current, and complete registration information.
  • Keep your login credentials secure and confidential.
  • Be responsible for all activity that occurs under your account.
  • Promptly update your information if it changes.

We may suspend or terminate accounts that contain inaccurate information, violate these
Terms, or present security, legal, or operational risks.

4. Plans, Billing, and Add-Ons

Free Plan

SmartClaw may offer a free plan that allows users to manage up to two (2) machines or
locations. The free plan is not a free trial and is provided at SmartClaw’s discretion.

SmartClaw reserves the right to modify, limit, suspend, or discontinue the free plan,
including its features, machine limits, location limits, or availability, at any time and
for any reason.

If the free plan is modified or discontinued, users may be required to upgrade to a paid
subscription plan in order to continue using certain features of the Services.

Free plans may include reduced functionality, usage limits, or other restrictions compared
to paid subscription plans.

Paid Subscription Plans

Users who wish to manage more than the limits available under the free plan must subscribe
to a paid plan. Paid plans may vary based on machine count, location count, feature access,
user access, or other criteria determined by SmartClaw.

Current plan details, limits, included features, and pricing are displayed within the
SmartClaw application, checkout flow, or website and may change from time to time.

Add-On Features

SmartClaw may offer optional add-on features or integrations in addition to a base
subscription. These add-ons may include integrations, enhanced functionality, premium
support features, or other services.

Add-ons are billed separately unless expressly stated otherwise. For example, a Nayax
integration may be billed as a monthly add-on. Add-on pricing may change, new add-ons may
be introduced, and existing add-ons may be modified or removed at any time.

Billing and Renewal

Paid subscriptions and add-ons renew automatically on a recurring basis unless canceled
before the next billing date. By purchasing a paid plan or add-on, you authorize us to
charge your selected payment method for all recurring fees, taxes, and applicable charges.

Billing cycles may be monthly, annual, or another interval stated at the time of purchase.

Price Changes

We reserve the right to change pricing, plan structure, usage limits, included features,
and add-on pricing at any time. Any pricing changes will apply prospectively and, where
required, we will provide notice before the changes take effect.

Cancellation

You may cancel your paid subscription or remove add-ons at any time through your account
settings or by contacting support. Unless otherwise stated, cancellations take effect at
the end of the current billing period, and fees already paid are non-refundable except as
required by law.

Payment Processing

Payments may be processed through third-party providers such as Stripe or app marketplace
billing platforms. Your use of those payment services may be subject to their separate
terms and privacy policies.

5. Acceptable Use

You agree not to use the Services to:

  • Violate any applicable law, regulation, or third-party right.
  • Attempt to gain unauthorized access to the Services, accounts, systems, or networks.
  • Interfere with or disrupt the integrity, performance, or security of the Services.
  • Upload malicious code, viruses, worms, or harmful material.
  • Scrape, harvest, copy, export, or compile data from the Services in an unauthorized manner.
  • Reverse engineer, decompile, or attempt to derive source code except where prohibited by law.
  • Use bots, scripts, or automated systems to access the Services without our written permission.
  • Misrepresent your identity or impersonate another person or business.
  • Use the Services to spam, harass, defraud, or abuse others.
  • Bypass plan limits, machine limits, account restrictions, or billing controls.
  • Misuse integration credentials, including Nayax tokens or other third-party connection credentials.
  • Use the Services to build, support, or operate a competing product or service using unauthorized access to SmartClaw data or systems.

We may investigate suspected violations and take action including suspension, limitation,
or termination of access.

6. Security and Account Responsibility

SmartClaw implements reasonable administrative, technical, and organizational safeguards
designed to protect the security of the Services and user data. However, no system or
internet-based service can be guaranteed to be completely secure.

You are responsible for maintaining the confidentiality of your account credentials,
including your password and any authentication tokens used with third-party integrations.
You are responsible for all activity that occurs under your account.

You agree to immediately notify SmartClaw if you become aware of any unauthorized access,
security breach, or suspected compromise of your account or connected systems.

Users are responsible for securing any hardware, machines, IoT devices, or third-party
systems connected to the Services, including payment devices, cameras, or other equipment.
SmartClaw is not responsible for security failures caused by misconfigured hardware,
insecure networks, shared credentials, or unauthorized third-party access.

SmartClaw may suspend, restrict, or limit access to accounts, features, or integrations if
we reasonably believe that doing so is necessary to protect the security of the platform,
user data, or other operators.

7. User Data and Operator Data

You may submit or store data in the Services, including account information, machine data,
location data, collection records, service notes, photos, operational alerts, and other
business information (“User Data”).

As between you and SmartClaw, you retain ownership of your User Data. You grant us a
limited, non-exclusive right to host, store, process, transmit, back up, and otherwise use
your User Data as reasonably necessary to provide, secure, maintain, support, and improve
the Services.

Operators retain ownership of their machine, location, and collection data. SmartClaw does
not use operator location data to solicit locations or operate competing routes.

You are responsible for ensuring that you have the rights and permissions necessary to
submit User Data to the Services and that your User Data does not violate any law or
third-party rights.

Although we use reasonable measures to protect data, you are responsible for maintaining
your own records and backups where needed. We are not responsible for losses caused by your
failure to preserve copies of your own business records.

8. Privacy

Your use of the Services is also governed by our Privacy Policy, which explains how we
collect, use, and protect information.

Please review our Privacy Policy here:
Privacy Policy

9. Intellectual Property

The Services, including all software, code, design, text, graphics, logos, trademarks,
reports, interfaces, and related content, are owned by Family Fun and Games or its
licensors and are protected by intellectual property laws.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive,
non-transferable, revocable right to access and use the Services for your internal business
purposes.

You may not:

  • Copy, reproduce, republish, or distribute the Services except as expressly permitted.
  • Use SmartClaw branding, trademarks, or logos without written permission.
  • Create derivative works from the Services except as expressly allowed.
  • Use the Services to build a competing product or service.

10. Feedback

If you send us ideas, suggestions, feedback, or recommendations regarding the Services
(“Feedback”), you agree that we may use that Feedback without restriction or compensation
to you. This does not transfer ownership of your underlying business data.

11. Third-Party Services and Integrations

The Services may interoperate with third-party services, websites, hardware, or software,
including payment processors, app marketplaces, cloud infrastructure providers, and
integrations such as Nayax.

Your use of third-party services may be governed by separate terms and policies from those
providers. We are not responsible for third-party products, services, uptime, data
accuracy, pricing, availability, or changes to their platforms.

If a third-party integration becomes unavailable, changes functionality, or changes
pricing, SmartClaw may modify, suspend, or discontinue related functionality within the
Services.

12. Service Availability and Changes

We may update, improve, modify, suspend, or discontinue all or part of the Services at any
time. We do not guarantee that the Services will always be available, uninterrupted,
secure, or error-free.

From time to time, access may be limited or unavailable due to maintenance, upgrades,
outages, third-party failures, internet disruptions, or events outside our control.

We may also change or remove features, plan structures, limits, integrations, and
functionality as the platform evolves.

13. Termination

You may stop using the Services at any time.

SmartClaw reserves the right, in its sole discretion, to suspend, restrict, limit, or
terminate your account or access to the Services at any time, with or without notice, and
for any reason or no reason.

This may include, but is not limited to:

  • Violations of these Terms
  • Failure to pay subscription or add-on fees
  • Suspected abuse or misuse of the platform
  • Security concerns or operational risks
  • Attempts to bypass usage limits or platform safeguards

Upon termination, your right to use the Services ends immediately. We may delete,
restrict access to, or retain account data in accordance with our data retention
practices and applicable law.

14. Disclaimers

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT
PERMITTED BY LAW, SMARTCLAW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NON-INFRINGEMENT.

We do not warrant that the Services will be uninterrupted, error-free, secure, or free
from harmful components, or that data will always be accurate, complete, or current.

SmartClaw provides operational tracking and management tools but does not guarantee
business results, revenue performance, collection accuracy, machine uptime, or
profitability.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL FAMILY FUN AND GAMES, SMARTCLAW,
OR ANY OF THEIR OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, OR AGENTS BE LIABLE
FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR
FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, USE, OR DATA, ARISING OUT OF OR
RELATED TO THE SERVICES OR THESE TERMS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF
OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO
US FOR THE SERVICES DURING THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY, SO SOME OF
THE ABOVE MAY NOT APPLY TO YOU.

16. Indemnification

You agree to defend, indemnify, and hold harmless Family Fun and Games, SmartClaw, and
their affiliates, owners, officers, employees, contractors, and agents from and against
any claims, damages, liabilities, losses, judgments, costs, and expenses, including
reasonable attorneys’ fees, arising out of or related to:

  • Your use of the Services.
  • Your violation of these Terms.
  • Your User Data.
  • Your violation of any law or third-party right.
  • Your misuse of third-party integrations, tokens, credentials, or connected services.

17. Governing Law

These Terms and any dispute arising out of or relating to these Terms or the Services are
governed by the laws of the State of Utah, without regard to conflict of law principles.

18. Dispute Resolution

Informal Resolution

Before filing a claim, you agree to first contact us and attempt to resolve the dispute
informally by providing written notice and a reasonable opportunity to resolve the matter.

Binding Arbitration

If a dispute cannot be resolved informally, the dispute shall be resolved by binding
arbitration on an individual basis, except where prohibited by law. You and SmartClaw
waive the right to a jury trial and to participate in a class action or class arbitration.

Venue

If arbitration is unavailable or unenforceable for a particular claim, then the claim
shall be brought exclusively in the state or federal courts located in Utah, and you
consent to the jurisdiction of those courts.

19. Miscellaneous

These Terms, together with any policies or guidelines we reference, constitute the entire
agreement between you and us regarding the Services and supersede prior agreements related
to the Services.

If any provision of these Terms is held unenforceable, the remaining provisions will
remain in full force and effect.

Our failure to enforce any provision of these Terms is not a waiver of that provision.

You may not assign these Terms without our prior written consent. We may assign these
Terms in connection with a merger, sale, reorganization, or transfer of assets or
business.

20. Contact Us

If you have questions about these Terms of Service or need support regarding the Services,
please contact us:

SmartClaw Support
Email: support@smartclaw.app
Website: smartclaw.app