NOMAD-Go End User License Agreement for the stand-alone NOMAD-Go’s NOMAD app

Last updated: September 2019

This NOMAD-Go End User License Agreement “Agreement” is a legal agreement between You, an individual residing in the United States or U.S. territories (“You” or “Your”), and NOMAD-Go, a Delaware Corporation (“NOMAD-Go”). Please read it carefully and completely before installing or using the NOMAD app.

You and NOMAD-Go agree as follows:

By using or installing the stand-alone NOMAD-Go NOMAD app on Your device, You consent to this Agreement. If you do not agree to this Agreement, do not install and do not use the NOMAD app.

By uninstalling the stand-alone NOMAD app, You withdraw future consent to this Agreement. However, uninstalling the stand-alone NOMAD app does not change in any way Your rights and obligations under this Agreement with regard to use of the NOMAD app between initial consent and any subsequent withdrawal of consent.

This agreement applies to the NOMAD app, which is the version of NOMAD-Go's NOMAD on your device including, but not limited to any NOMAD-Go update to NOMAD; any supplement to NOMAD; any hosted services on which NOMAD relies; and support services for NOMAD, unless other terms accompany any such item.

1. License Grant

This agreement grants you limited rights under this Agreement to use the NOMAD app. It does not grant you any ownership or perpetual right to use the NOMAD app. Subject to this agreement, You may install and use the NOMAD app on Your device.

2. Third Party Software

The NOMAD app may include third party software that NOMAD-Go, not the third party, licenses to You under this Agreement. Notices and attributions, if any, for such third party software are included for your information only.

3. Privacy

When using the NOMAD app data is either sent to a NOMAD-Go hosted service for processing or processed locally within the NOMAD app, or a combination of both. By accepting this Agreement and using the NOMAD app You agree that NOMAD-Go may collect and process such data, and disclose information derived from the data with the organization where the data was collected, as described in the NOMAD-Go Privacy Statement at www.nomad-go.com/privacy.

4. Software as a Service

4.1 Transaction Data. NOMAD app features transmit certain data about monitored transactions to a NOMAD-Go hosted service for processing for quality assurance purposes and sentiment analysis of the transaction. Such transaction data may include but is not limited to: duration of the transaction; whether the transaction completed; and data about the people involved in the transaction as it occurs.

4.2 Environmental Data. NOMAD app features transmit certain environmental data to a NOMAD-Go hosted service, including but not limited to time, date, geographic location, the device’s IP address, network status, operating conditions, and other data about Your device and app usage.

4.3 Performance Data. NOMAD app features transmit performance and reliability data to a NOMAD-Go hosted service, including but not limited to app problems, app failure, data transmission failures, data transmission retries, or problems You experience with the app.Performance Data may also include information about Your use of the app, such as the features You use most often or how frequently You launch the app.

4.4 Advertising Data. NOMAD app features may acquire advertising content from a NOMAD-Go hosted service for display on Your device.

4.5 Application Updates. You agree to receive updates automatically, without any additional notice and allow NOMAD-Go to automatically download and install such updates on Your behalf. Updates may contain new and improved features and fixes to problems at NOMAD-Go’s sole discretion. Features may also be removed at NOMAD-Go’s sole discretion.

4.6 Use of Data.NOMAD-Go uses and processes data collected from the app using artificial intelligence and machine learning algorithms, to operate and improve the NOMAD-Go app and hosted services. NOMAD-Go shares such analysis with the organization where the data was collected so that organization can improve their business operations and customer sentiment.

4.7 Misuse of NOMAD-Go App and Hosted Services.You shall not use the NOMAD app or hosted services in any way which would harm NOMAD-Go or any other Internet-based service, or impair anyone else’s use of NOMAD-Go’s or any other Internet service. You may not use the NOMAD app or hosted services to try to gain unauthorized access to any service, data, account or network.

5. Reservation of Rights

5.1 License Grant. Per Section 1 License Grant of this Agreement, the NOMAD app is licensed to You for Your use. It is not sold to You and You do not own it.

5.2 Limited Rights. This agreement only grants You limited rights to use the app. NOMAD-Go reserves all other rights. Unless applicable law gives You more rights despite this limitation, You shall use the app only as expressly permitted in this Agreement. In doing so, You shall comply with any technical limitations in the app that restrict how You may use it.

5.3 License Restrictions.

5.3.1 No Work Arounds Rights. You shall not work around any technical limitations You perceive in the NOMAD app, including, but not limited to jailbreaking the app, or removing the app from its associated NOMAD-Go hosted service.

5.3.2 No Reverse Engineering. You shall not reverse engineer or in any other manner, using any other tools attempt to decompile, or disassemble the NOMAD app, except and only to the extent that applicable law expressly permits despite this limitation.

5.3.3 No Distribution or Transfer Rights.You shall not distribute the NOMAD app, publish the app for others to copy, rent, lease, lend, or transfer the NOMAD app or this Agreement to any other person or entity.

6. No Support

Nomad-Go is under no obligation to provide any support, updates,or additional materials for the NOMAD app. You agree to obtain the app and any updates only from NOMAD-Go or NOMAD-Go authorized sources.

7. Export Restrictions

The NOMAD app is subject to United States export laws and regulations.You must comply with all domestic and international export laws and regulations that apply to the app.These laws include restrictions on destinations, end users and end use. 

8. No Assignment or Delegation

You shall not assign any rights or delegate any performance under this Agreement without NOMAD-Go’s express written consent. Any attempted assignment or delegation in violation of this section will be void.

9. Governing Law and Venue

The laws of Washington state govern this Agreement. Any suit or claim arising under or by reason of this Agreement shall have jurisdiction and venue in state and federal courts located in King County, Washington.

10. Entire and Final Agreement

This agreement is the entire agreement for the NOMAD app.

11. Severability

If any provision of this Agreement is illegal or unenforceable, the remaining provisions will remain in full force if the essential provisions of this Agreement for each party remain legal and enforceable.

12. DISCLAIMER OF WARRANTY;LIMITATION OF LIABILITY.

THE APP IS PROVIDED AND LICENSED “AS-IS.” YOU BEAR THE RISK OF USING IT. NOMAD-GO GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS. TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, NOMAD-GO EXCLUDES ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL NOMAD-GO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING THE LOSS OF REVENUE, DATA OR USE, OR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, INCURRED OR SUFFERED BY YOU OR ANY THIRD PARTY IN CONNECTION WITH THIS AGREEMENT, WHETHER IN AN ACTION IN CONTRACT, TORT, BASED ON A WARRANTY OR OTHERWISE, EVEN IF NOMAD-GO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE AND AGREE THAT THIS DISCLAIMER AND THE LIMITATION OF LIABILITY ARE FUNDAMENTAL PARTS OF THIS AGREEMENT AND NOMAD-GO WOULD NOT AGREE TO ENTER INTO THIS AGREEMENT WITHOUT SUCH DISCLAIMER AND LIMITATION.

14. Contacting Nomad-Go

If You need to contact NOMAD-Go about the NOMAD app or this Agreement, you may contact us at info@nomad-go.com.