Revised: 2012-08-23

This agreement regulates the rights and obligations between Saudi Telecom Company, hereinafter "Supplier", "we" or "us", and the receiver of the service, hereinafter "Developer" or "you". This agreement is hereinafter referred to as "Agreement".

1. The Service

"Apps" are digital software applications, games or other digital products that you deliver to us. This also includes all content, advertising, services, technology, data and other digital content, that is included in or is used by such products, together with its improvements, upgrades, updates, bug fixes, new versions and other changes and additions. You agree to let us promote, sell and distribute Apps, according to the definition in this Agreement, on any website, mobile interface or other digital user interface that enable app purchases from us, hereinafter "Service".

2. General

2.1 Territory

We own the right to promote, sell and distribute all Apps worldwide ("Territory").

2.2 Transaction fee and Developer revenue

For each sale of an App, we charge a 30% transaction fee ("Transaction fee") and pay out 70% "Developer revenue".

Developer revenue is only paid for sales where we have been fully paid by the consumer or its representative. A representative for the consumer may be a mobile operator or another payment system supplier.

3. Delivery of Apps and product information

3.1 App update

During the time the App is available for download from us, you commit to deliver all existing updates for the App. You also commit to the Agreement to be applicable to each version of an App.

3.2 Product information update

You are responsible for supplying correct Product information at all times. "Product information" is referred to in the agreement as the information that at all times is mandatory to submit when uploading an App to us, including but not limited to description, images and icon attributable to an App.

3.3 Delivery time

App and Product information updates shall be delivered to us at the latest 14 days from when they were available to consumers through Similar services. "Similar services" is referred to in the Agreement as every service that enables promotion, sale or download of the App to a consumer within the Territory.

4. Rights

4.1 Rights

You retain all rights to Content that you deliver to us. Subject to your rights in such Content, we retain all right to the Service and all technology, content, information, services, trademarks and other intellectual property used in connection with it. The Agreement does not grant you a license or other right to any information, software, documentation or related materials, to which we give you access (in addition to the rights that are distinctly stated in the Agreement).

4.2 Distribution

You hereby grant us the nonexclusive, royalty-free right to promote, sell, distribute, and make Apps available through the Service to consumers in the Territory by all means of electronic distribution available now or in the future. You also hereby grant us the nonexclusive, royalty-free right to in the Territory (i) use, evaluate and test your Apps, Product information and all embedded advertising (joint "Content"); (ii) reproduce and store your Content in digital form for the purpose of promoting, selling and distributing the Apps and in connection with the Service; (iii) share aggregated information with you and others regarding the Service; and (iv) retain, after the Term, one or more electronic copies of the Content and allow access and download of Content to consumers that downloaded App during the Term.

4.3 Promotion

You hereby grant us the nonexclusive, royalty-free right, to in the Territory use, reproduce, distribute, reformat, create excerpts from, promote, advertise, transmit, and publicly display and perform in any and all digital and other formats the Product Information for promotional purposes in connection with the Service.

5. Additional program conditions

5.1 Developers EULA

You may provide an End User License Agreement “Developers EULA” with any of your Apps if it complies with the requirements of, and is not inconsistent with, this Agreement. If there are any conflicts between the Agreement and Developers EULA, then to the extent of such conflict the Agreements terms will control. We do not have any responsibility or liability related to compliance or non-compliance by you or any consumer under the Agreement or Developers EULA.

5.2 Privacy and Personal data

We will not transfer any personal data concerning consumers to you. If you have access to names, passwords or other login information, or personal data that enables identification of consumers through the Service, based on the consumers usage of your app, you shall (i) provide the consumer with information about this and (ii) use and allow others to use the information, in a way that is approved by the consumer.

5.3 Prohibited actions

You may not disassemble or decompile any binary code used in connection with the Service, including any Service materials we provide you with. You will not take any action related to the Service that interferes with, damages, or accesses or uses in any unauthorized manner the hardware, software, networks, technologies or other properties or services of ours or of any consumer, mobile operator or other third party.

5.4 Our operations

We have sole discretion to determine all features and operations of the Service. We may choose to adjust the retail price of an App if we find List price (defined below in paragraph 5.6) for the same App on a Similar Service is divergent from the retail price on our Service. You acknowledge that we have no obligation to promote, distribute, or offer for sale any App. We are responsible for and have sole discretion related to processing payments, collecting payments, addressing requests for refunds, and providing consumer service related to our obligations, and we will have sole ownership and control of all sales and other data we obtain from consumers or its representatives in connection with the Service.

5.5 Support

You will provide reasonable technical and product support for your Apps to consumers and us. We reserve the right to not distribute the App if problem occurs to us or consumers, until the problem according to us is solved.

5.6 List price

You will update the List price for each App, so that it is consistent with the conditions in this section. The Apps "List price" is an amount that does not exceed, at any time, the lowest price at which such App (including any similar edition, version or release) is available for sale through any Similar Service.

6. Payment and Reporting

6.1 Developer revenue

6.1.1 You can continuously see the number of downloaded and purchased Apps through the developer portal. In addition, we make available to you a monthly report of purchased Apps with associated Developer revenue 15 days after the calendar months end at the latest. We pay Developer revenue to you 45 days after the calendar months end at the latest, provided that the Developer revenue is fully paid to us at that time. All payments will be made in Swedish Kronor (SEK).

Companies registered in Sweden:

You are responsible for providing us with the correct information for a legit Swedish bank account number, postgiro or bankgiro number in your name.

Companies registered in other countries: You are responsible for providing us with the correct information for a legit IBAN account number in your name.

If you have provided us with incorrect information and we make an incorrect payment the financial risk is on you. We will within reason assist you in solving an incorrect payment made by us. If we cannot make a correct payment, we may withhold payments, without interest, until you have provided us with the correct information. We are entitled to accrue and withhold payments, without interest, until the total amount due to you exceeds the minimum payment threshold 100 SEK. 

6.1.2 You may not maintain any action or proceeding against us with respect to any report or payment unless you commence that action or suit within 6 months after the date the report or payment was due. If we pay you a Developer revenue on a sale and later issue a refund or credit to the consumer for such sale (or receive a chargeback related to the sale), we may offset the amount of the Developer revenue we previously paid you against future Developer revenues or other amounts that would otherwise be payable to you under this Agreement.

6.1.3 If a third party asserts that you did not have all rights required to make an App available to us, or if we determine that you may be in breach of this Agreement, or if we have other claims against you, we are entitled to hold all Developer revenues pending resolution of such issue. When this Agreement terminates, we may withhold all Developer revenues due for a period of three months from the date they would otherwise be payable, in order to ensure our ability to offset any consumer refunds or other offsets to which we are entitled.

6.2 Taxes

You are responsible for any taxes due and payable resulting from outpayments to you, and to decide if an App is taxable and its current tax rate.

7. App availability and Withdrawal

We may determine in our discretion which of the Apps you have provided us with to make available through the Service. Both parties may however withdraw the App from the Service. We may keep the App available for the consumers that has downloaded the App prior to withdrawal. You are responsible for immediately notifying us if you lose the rights to your App or is made aware of a third parties claim associated to these rights.

8. Agreement Term, Termination and Suspension

8.1 The term of this Agreement (“Term”) will begin on the date it is signed by you (when you click to accept it) and will continue (unless termination according to section 8.2) until further notice. The following sections of this Agreement will survive termination of this Agreement: Sections 4, 5.1 through 5.4 and 9 through 14.

8.2 You are entitled to terminate at any time by giving us at least 10 days advance written notice, in which case we will stop selling the Apps as of the date your termination takes effect. We may also suspend your participation in our Service or terminate your Agreement at our discretion with or without notice to you. Following any termination or suspension, we may fulfill any consumer orders for the Apps pending as of the date the termination or suspension takes effect. Also any termination or suspension will not affect further access, downloads or re-downloads of Apps by consumers who have purchased the App before the date the termination or suspension takes effect, nor their rights in previously downloaded Apps.

9. Developer warranties

9.1 You commit to: 

9.1.1 You have the full right, power, and authority to enter into and fully perform this Agreement;

9.1.2 You are at least the legal age of majority and that you are able to form a legally binding contract. If Developer is a business or other legal entity and not an individual, then the individual entering into this Agreement on Developer’s behalf represents that he or she has all necessary legal authority to bind Developer to this Agreement;

9.1.3 Before providing us any Content, you will have obtained the rights necessary for the exercise of all rights granted under this Agreement, and you will be solely responsible for and will pay any licensors or co-owners any royalties or other monies due to them related to such Content;

9.1.4 None of the following will violate any Law; require us to obtain any license, authorization, or other permission from any governmental agency or other third party; contain any defamatory material; or violate or infringe any intellectual property, proprietary, or other rights of any person or entity (including contractual rights, copyrights, trademarks, patents, trade dress, trade secret, common law rights, rights of publicity, or privacy, or moral rights): (i) the exercise of any rights granted under this Agreement; (ii) any materials (including advertising) embodied in the Content; (iii) the sale or distribution of the Content as authorized in this Agreement; or (iv) any notices, instructions or advertising by you for or in connection with any Apps;

9.1.5 Your Content will not contain any viruses, spyware, “Trojan horses,” or other “malware” or harmful code, and will not cause injury to any person or damage to any property;

9.1.6 You will include any attributions, copyright information and other notices, terms and conditions that may be required to be provided to consumers (e.g., as part of Developer’s EULA) based on your use of third party “open source” software or other third party intellectual property in any App.

10. Indemnity

You will hold us harmless from and against any loss, claim, liability, damage, action or cause of action (including reasonable attorneys’ fees) that arises from any claim relating to any Content, or from any breach of your representations, warranties or obligations set forth in this Agreement.

11. Confidentiality

You will protect information made available by us that is identified as confidential or that reasonably should be considered confidential (regardless of when or how you recieved it) and use this information only to fulfill your obligations under this Agreement. Confidentiality does not apply to information obtained outside of the Agreement or that is commonly known. Confidentiality also does not apply to when you according to law or other authoritys order are obliged to provide information.

12. Disclaimers and Limitations of Liability

This Service is provided "as is", we specifically disclaim all warranties, express, implied, or statutory, including the implies warranties of merchantability, fitness for a particular purpose, and non-infringement. We will in no event be liable for any loss of data, loss of profits, cost of cover or other damages arising from or in relation to this Agreement. You acknowledge and agree that we cannot ensure that Content will be protected from theft or misuse, and we have no liability for this or other technological errors.

13. Agreement changes

We reserve the right to change this Agreement at any time in our discretion. We will give you notice of the changes by posting an updated version of this Agreement online or by emailing you at an email address you have provided. Changes to the transaction fee will be effective 30 days after we post them or otherwise notify you of them. You thereby have the right to terminate the Agreement with 10 days notice (according to section 8.2) if you do not accept the changes. Any other changes to the Agreement will be effective as of the date we post them or otherwise notify you of them, unless we specify a different effective date when we make a particular change. You are responsible for checking for Agreement updates. Your continued participation in the Program after changes to this Agreement take effect will constitute your acceptance of the changes.

14. General

14.1 Amendments

This Agreement may not be amended except in writing signed by both parties or as provided in Section 13 above.

14.2 Invalidity

If any provision of this Agreement is held invalid by a court with jurisdiction over the parties to this Agreement, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement will remain in full force and effect.

14.3 Applicable law

This Agreement will be governed by Swedish law.

14.4 Claims

You hereby consent to the exclusive jurisdiction of the District Court of Gothenburg with respect to any claims, suits or proceedings in connection with this Agreement.