Terms of Use

1. The agreement

These Terms of Use (the "Terms") are a licence agreement between you and Appxcellence Solutions LLC ("Appxcellence", "we", "us") for the app SmartCtrl, listed on the App Store as "Universal TV Remote: SmartCtrl" and distributed under the developer name Nice Express (the "App"). By downloading or using the App, you accept these Terms. If you do not accept them, do not use the App.

The way we handle personal data is described in our Privacy Policy, which forms part of these Terms.

2. Apple is not a party to these Terms

You and we acknowledge that these Terms are concluded between you and us only, and not with Apple Inc. ("Apple"). We, not Apple, are solely responsible for the App and its content. Where these Terms conflict with the Apple Media Services Terms and Conditions (the "Usage Rules"), the Usage Rules prevail for the use of the App on Apple-branded products.

3. Your licence

We grant you a limited, non-exclusive, non-transferable, revocable licence to use the App on any Apple-branded products that you own or control, as permitted by the Usage Rules, including through Family Sharing where it is available. You may not:

• copy, modify, translate, decompile, reverse-engineer or create derivative works of the App, except where the law expressly allows it;
• rent, lease, lend, sell, redistribute or sublicense the App;
• remove or alter any notice of ownership, or use the App to build a competing product;
• use the App to control devices you are not allowed to control, or in a way that breaks the law or harms other people's devices or networks.

The App, its design, code, texts and graphics belong to Appxcellence or its licensors. These Terms do not give you any right to our trademarks.

4. What the App does, and compatibility

SmartCtrl lets your iPhone or iPad control compatible smart TVs and streaming players over your local Wi-Fi network: Roku, Samsung (Tizen), LG (webOS), Amazon Fire TV and Android TV / Google TV, and, from version 2.1, Hisense (VIDAA) and Vizio (SmartCast). It uses the network control features that each TV maker provides.

• Your device and your TV must be on the same Wi-Fi network, and the App needs the Local Network permission. The App does not use infrared.
• Which buttons and features are available depends on the brand, model, firmware and settings of your TV. TV makers can change or disable their network control features at any time, which may stop some features from working.
• We therefore cannot guarantee that the App works with every model, at all times, or without interruption. Check that your TV is supported before buying Pro; the free version lets you test the connection.
• Your TV, its apps and the streaming services you open remain subject to their makers' and providers' own terms.

5. SmartCtrl Pro, subscriptions and free trial

The remote features are free. SmartCtrl Pro is an optional upgrade that removes ads and unlocks extra themes (Aurora, Carbon, Studio and, on iOS 26 or later, Liquid Glass) and 3D relief keys. Pro is offered as:

• Lifetime: a one-time, non-consumable purchase, paid once, that does not renew;
• Weekly: an auto-renewable subscription, with a 3-day free trial for eligible new subscribers;
• Monthly: an auto-renewable subscription.

Prices are shown in the App before you buy and may vary by country; they include any taxes the App Store applies. Purchases are made through your Apple Account and are subject to Apple's terms.

• Payment is charged to your Apple Account when you confirm the purchase, or, if you start a free trial, at the end of the trial unless you cancel it before.
• Subscriptions renew automatically at the same price for the same period unless you cancel at least 24 hours before the end of the current period. Your account is charged for renewal within the 24 hours before the period ends.
• You can manage and cancel subscriptions in Settings › your name › Subscriptions, or in the App Store. Cancelling stops future renewals; you keep Pro until the end of the period already paid.
• Any unused part of a free trial is forfeited when you buy a subscription.
• If we change the price of a subscription, Apple will inform you and, where required, ask for your consent before the new price applies.
• To get Pro back on a new device, tap "Restore purchases" in the App's Settings, signed in with the same Apple Account.

Refunds are handled by Apple under its policies, at reportaproblem.apple.com. We cannot issue refunds ourselves. Nothing in these Terms limits the rights you have under the consumer law of your country.

6. Advertising

The free version of the App shows ads provided by Google AdMob. Ads and the products they promote are the responsibility of their advertisers; tapping an ad may take you to an external site or app. How ad data is processed is explained in the Privacy Policy. SmartCtrl Pro removes the ads.

7. Trademarks and independence

Roku, Samsung, Tizen, LG, webOS, Amazon, Fire TV, Android TV, Google TV, Chromecast, Sony, Bravia, TCL, Philips, Nvidia, Shield, Hisense, VIDAA, Toshiba, Sharp, Vizio, SmartCast, Netflix, YouTube, Prime Video, Disney+, Spotify and other names shown in the App are trademarks of their respective owners. They are used only to describe the devices and services the App works with. SmartCtrl is an independent app and is not made by, endorsed by, sponsored by or affiliated with any of them, nor with Apple.

8. Maintenance and support

We alone are responsible for providing maintenance and support for the App, as described in these Terms or as required by law. Apple has no obligation to provide any maintenance or support for the App. For help, write to contact@appxcellence.net or use "Contact support" in the App's Settings. We may release updates that add, change or remove features.

9. Warranty

To the extent permitted by law, the App is provided "as is" and "as available", without warranties of any kind beyond those that cannot be excluded by law. In particular, we do not warrant that the App will work with every TV, without error or interruption, or that the TV makers' services it relies on will stay available.

If the App fails to conform to any warranty that applies by law, you may notify Apple, and Apple will refund the purchase price, if any, of the App to you. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are our responsibility, to the extent they cannot be excluded.

10. Limitation of liability

To the extent permitted by law, Appxcellence is not liable for indirect, incidental, special or consequential damages, or for loss of data, profits or business, arising from the use of or the inability to use the App, including any effect of the commands you send on your TV or its settings. Our total liability for any claim relating to the App is limited to the amount you paid for the App or for SmartCtrl Pro in the twelve months before the claim.

These limits do not apply to liability that cannot be limited by law, such as liability for death or personal injury caused by negligence, for fraud, or under mandatory consumer protection rules.

11. Product claims and intellectual property claims

We, not Apple, are responsible for addressing any claims by you or a third party relating to the App or your possession and use of it, including product liability claims, claims that the App fails to meet a legal or regulatory requirement, and claims under consumer protection, privacy or similar laws.

If a third party claims that the App or your possession and use of it infringes their intellectual property rights, we, not Apple, are solely responsible for the investigation, defence, settlement and discharge of that claim.

12. Legal compliance

You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

13. Third-party terms and third-party beneficiary

You must comply with any third-party terms that apply when you use the App, such as the terms of your Wi-Fi provider. You and we acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of these Terms, and that once you accept them, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

14. Termination

These Terms apply until you or we end them. You can end them at any time by deleting the App. Your licence ends automatically if you break these Terms. When it ends, you must stop using the App. Sections 7, 9, 10, 11 and 15 continue to apply after termination.

15. Changes, governing law and disputes

We may update these Terms, for example when the App gains a feature or when the law changes. The effective date at the top of this page will change; for significant changes we will tell you in the App or in its release notes. If you keep using the App after a change, the updated Terms apply.

These Terms are governed by the laws of the state in which Appxcellence Solutions LLC is registered, without regard to its conflict-of-law rules. If you are a consumer, you also keep the protection of the mandatory laws of your country of residence and may bring proceedings in its courts. If any part of these Terms is found invalid, the rest remains in force. Before any formal claim, please write to us so that we can try to resolve the issue.

16. Contact