NIKISALES END USER LICENSE AGREEMENT
SmartDigit, Lda (“us”, “we”, or “our”) operates the NikiSales mobile application (the “Service”).
This End User License Agreement (“Agreement”) is between you and SmartDigit,Lda and governs use of this app made available through the Apple App Store. By installing the NikiSales, you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the NikiSales App.
In order to ensure SmartDigit,Lda provides the best experience possible for everyone, we strongly enforce a no tolerance policy for objectionable content. If you see inappropriate content, please use the “Report as offensive” feature found under each post.
This Agreement is between you and NikiSales only, and not Apple, Inc. (“Apple”). Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third party beneficiaries of this Agreement and Apple has the right to enforce this Agreement against you. NikiSales, not Apple, is solely responsible for the NikiSales and its content.
SmartDigit, Lda may collect and use information about your usage of the NikiSales, including certain types of information from and about your device. SmartDigit, Lda may use this information, as long as it is in a form that does not personally identify you, to measure the use and performance of the NikiSales.
TYPES OF DATA COLLECTED
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally, identifiable information may include, but is not limited to:
- Cookies and Usage Data
When you access the Service by or through a mobile device, we may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data (“Usage Data”).
TRACKING & COOKIES DATA
Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
- Session Cookies. We use Session Cookies to operate our Service.
- Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
- Security Cookies. We use Security Cookies for security purposes.
USE OF DATASmartDigit, Lda uses the collected data for various purposes:
- To provide and maintain the Service
- To notify you about changes to our Service
- To allow you to participate in interactive features of our Service when you choose to do so
- To provide customer care and support
- To provide analysis or valuable information so that we can improve the Service
- To monitor the usage of the Service
- To detect, prevent and address technical issues
TRANSFER OF DATAYour information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
The Personal Data that we collect from you is transferred to, and stored on our servers inside European Economic Area.
DISCLOSURE OF DATA
LEGAL REQUIREMENTSSmartDigit, Lda may disclose your Personal Data in the good faith belief that such action is necessary to:
- To comply with a legal obligation
- To protect and defend the rights or property of SmartDigit, Lda
- To prevent or investigate possible wrongdoing in connection with the Service
- To protect the personal safety of users of the Service or the public
- To protect against legal liability
SECURITY OF DATAThe security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
SERVICE PROVIDERSWe may employ third party companies and individuals to facilitate our Service (“Service Providers”), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
3. LIMITED LICENSE
MyMonolith grants you a limited, non-exclusive, non-transferable, revocable license to use the NikiSales for your personal, non-commercial purposes. You may only use the NikiSales on Apple devices that you own or control and as permitted by the App Store Terms of Service.
4. AGE RESTRICTIONS
By using the NikiSales, you represent and warrant that (a) you are 17 years of age or older and you agree to be bound by this Agreement; (b) if you are under 17 years of age, you have obtained verifiable consent from a parent or legal guardian; and (c) your use of the NikiSales does not violate any applicable law or regulation. Your access to the NikiSales may be terminated without warning if MonolithChat believes, in its sole discretion, that you are under the age of 17 years and have not obtained verifiable consent from a parent or legal guardian. If you are a parent or legal guardian and you provide your consent to your child’s use of the NikiSales, you agree to be bound by this Agreement in respect to your child’s use of the NikiSales.
5. OBJECTIONABLE CONTENT POLICY
Content may not be submitted to SmartDigit, Lda, who will moderate all content and ultimately decide whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.
SmartDigit,Lda disclaims all warranties about the NikiSales to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, SmartDigit, Lda, not Apple, shall be solely responsible for such warranty.
7. MAINTENANCE AND SUPPORT
SmartDigit, Lda does provide minimal maintenance or support for it but not to the extent that any maintenance or support is required by applicable law, SmartDigit, Lda, not Apple, shall be obligated to furnish any such maintenance or support.
8. PRODUCT CLAIMS
SmartDigit, Lda, not Apple, is responsible for addressing any claims by you relating to the NikiSales or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the NikiSales fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.
9. THIRD PARTY INTELLECTUAL PROPERTY CLAIMS
SmartDigit, Lda shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the NikiSales. To the extent SmartDigit, Lda is required to provide indemnification by applicable law, SmartDigit, Lda, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the NikiSales or your use of it infringes any third party intellectual property right.
15 October 2020