Terms & Conditions
Smart Mediator is licensed to You (End-User) by Nogodi Co, located at 2985, Street No. 30 – As Sahafah, 13321, Riyadh Saudi Arabia, (hereinafter: Licensor), for use only under the terms of this License Agreement.
By downloading the Application from the Apple AppStore, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.
The parties of this License Agreement acknowledge that Apple is not a Party to this License Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. Nogodi Co., not Apple, is solely responsible for the licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Application that are in conict with the latest App Store Terms of Service. Nogodi Co., acknowledges that it had the opportunity to review said terms and this License Agreement is not conicting with them.
All rights not expressly granted to You are reserved.
USER GENERATED CONTRIBUTIONS
The Application does not oer users to submit or post content.
3.1 Licensor warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Application works as described in the user documentation.
3.2 No warranty is provided for the Application that is not executable on the device, that has been unauthorizedly modied, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Nogodi’s sphere of inuence that aect the executability of the Application.
3.3 You are required to inspect the Application immediately after installing it and notify Nogodi Co. about issues discovered without delay by e-mail or number provided in the website.
For defective or damaged products, please contact us at the contact details below to arrange a refund or exchange.
Nogodi Co. and the End-User acknowledge that Nogodi Co, and not Apple, is product liability claims; any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement; and
You represent and warrant that You are not located in a country that is subject to a Saudi Arabian Government embargo, or that has been designated by the Saudi Arabian Government as a “terrorist supporting” country; and that You are not listed on any Saudi Arabian. Government list of prohibited or restricted parties.
For general inquiries, complaints, questions or claims concerning the licensed Application, please contact:
Nogodi Co. represents and warrants that Smart Mediator will comply with applicable third-party terms of agreement when using licensed Application. In Accordance with Section 9 of the “Instructions for Minimum Terms of Developer’s End-User License Agreement,” Apple and Apple’s subsidiaries shall be third-party beneciaries of this End User License Agreement and – upon Your acceptance of the terms and conditions of this license agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneciary thereof.
Nogodi Co. and the End-User acknowledge that, in the event of any third-party claim that the licensed Application or the End-User’s possession and use of that licensed Application infringes on the third party’s intellectual property rights, Nogodi Co., and not Apple, will be solely responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims.
This license agreement is governed by the laws of The Kingdom of Saudi Arabia excluding its conicts of law rules.
11.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be aected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
11.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.