Product Information

17Version 01. SMACGI-D05-A1
• You may not use the Apple-Enabled Software in any manner that is in violation of
or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or
otherwise be in conflict with, the App Store Terms of Service.
• Your license to use the Apple-Enabled Software is limited to a non-transferable license
to use the Apple-Enabled Software on an iOS Product that you own or control, as
permitted by the Usage Rules set forth in the App Store Terms of Service.
• Apple has no obligation whatsoever to provide any maintenance or support services
with respect to the Apple-Enabled Software.
• Apple is not responsible for any product warranties, whether express or implied
by law. In the event of any failure of the Apple-Enabled Software to conform to any
applicable warranty, you may notify Apple, and Apple will refund the purchase price for
the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by
applicable law, Apple will have no other warranty obligation whatsoever with respect
to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs
or expenses attributable to any failure to conform to any warranty, which will be
SmartAC’s sole responsibility, to the extent it cannot be disclaimed under applicable
law.
• SmartAC and you acknowledge that SmartAC, not Apple, is responsible for addressing
any claims of you or any third party relating to the Apple-Enabled Software or your
possession and/or use of that Apple-Enabled Software, including, but not limited
to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to
conform to any applicable legal or regulatory requirement; and (iii) claims arising
under consumer protection or similar legislation.
• In the event of any third party claim that the Apple-Enabled Software or the end-
user’s possession and use of that Apple-Enabled Software infringes that third party’s
intellectual property rights, as between SmartAC and Apple, SmartAC, not Apple, will
be solely responsible for the investigation, defense, settlement and discharge of any
such intellectual property infringement claim.
• You represent and warrant that (i) 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 (ii) you are not listed on any S. Government list of
prohibited or restricted parties.
• If you have any questions, complaints or claims with respect to the Apple-Enabled
Software, they should be directed to SmartAC as follows: [e-mail]
5302 Egbert Street, Houston, TX 77007.
SmartAC and you acknowledge and agree that SmartAC, and SmartAC’s subsidiaries,
are third-party beneciaries of these Terms of Service with respect to the Apple-Enabled
Software, and that, upon your acceptance of the terms and conditions of these Terms of
Service, Apple will have the right (and will be deemed to have accepted the right) to enforce
these Terms of Service against you with respect to the Apple-Enabled Software as a third
party beneciary thereof.
ANDROID POLICY
Intellectual Property Rights
Service Content, Software and Trademarks: You acknowledge and agree that the Service
may contain content or features (“Service Content”) that are protected by copyright, patent,
trademark, trade secret or other proprietary rights and laws. Except as expressly authorized
by SmartAC, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute
or create derivative works based on the Service or the Service Content, in whole or in part.
In connection with your use of the Service you will not engage in or use any data mining,